Persons

CIVIL REVIEW 1.
- Maam: Punitive law cannot take effect

PERSONS and FAMILY RELATIONS upon approval: In the nature of an ex post
facto law, 15 days cannot be shortened.
LAW- rule of action promulgated by a
competent authority for the common - Omission of the publication would
good violate DUE PROCESS.
Ley specific or material concept of - Publication: laws of general application,

law penal laws (sanctions and penalties),
Derecho general or abstract laws which affects public interest
concept of law, it is given, considered - Interpretative regulations and those
as an effect merely internal in nature, regulating only
Ley gives body to derecho the personnel of the administrative
EFFECTIVITY OF LAWS agency: NOT covered by article 2
Article 2: Laws shall take effect after 15 - publication must be in FULL or

days following the completion of their COMPLETE- not portions of the law. DP
publication either in the Official Article 3. Ignorance of the law excuses
Gazette, or in a newspaper of general no one from compliance therewith.
circulation in the Philippines unless
otherwise provided. - ignorantia legis no excusat -
applicable to all persons WON accused
- OG paper copy not the digital edition read or understood the law as long as
- Newspaper of general circulation there is compliance with the publication.
1. Circulation is made within courts - Applies only to ignorance of Philippine

jurisdiction law
2. Published at regular intervals - Foreign laws must be proven as fact.
3. For dissemination of local news Else: Processual Presumption- Foreign
and general information law is not properly alleged and proved,
4. With bonafide subscription of list presumption that FL is the same as PL.
of paying subscribers
5. Not devoted to interest or How to prove?
published for entertainment of a A. WRITTEN LAW
particular class, profession, trade 1. Official publication
or religious denomination. 2. Copy attested by the officer having
- Newspaper: Local or National? Depends legal custody of the record, or by his
on the scope and breadth of the law deputy and accompanied, if the
record is not kept in the Philippines,
- Format of law immaterial (RA, EO, PD, with a certificate that such officer
Local Ordinace, etc) has the custody. If the office in
which the record is kept is in a
- Publication is once only, unless law itself foreign country, the certificate may
provides oftener be made by a secretary of the
- after 15 days following the completion of embassy or legation, consul
the publication \ 16th day. EXC: unless general, consul, vice consul, or
otherwise provided (shortened/ lengthen) consular agent, or by any officer in
discretion of Congress. the foreign service of the Philippines
stationed in the foreign country in
- Take effect upon approval - effectivity which the record is kept, and
date shall fall on the day of the approval. authenticated by the seal of his
office.
- But b\pblication cannot be
dispensed with.
kriztelannjcabradilla |PFR 1
- proven as ordinary fact
B. UNWRITTEN LAW - not contrary to law, public
1. Oral testimony of expert policy, public order
witness
2. Printed and published books of (Breach of promise to marry-
reports of decisions of the pamamanhikan as a custom)
country involved.
Article 13. impliedly repealed by EO
Article 8. Judicial decisions applying or 292 (Revised Administrative Code)
interpreting the laws of the Constitution
shall form part of the legal system of the Sec 31 Legal Periods. Year shall be
Philippines understood to be 12 calendar months;
month of 30 days, unless it refers to a
Stare Decisis- Adherence to judicial specific calendar month in which case it
precedents, established through shall be computed according to the
interpretation of laws by SC en banc; number of days the specific month
Once a particular point of law is contains; day, to a day of 24 hours; and
interpreted by SC- all cases with similar night from sunset to sunrise.
facts must observe the same
CONFLICT OF LAW RULES foreign
- CA decision- persuasive but not element
doctrinal in character.
Article 14. Penal laws and those of public
- Lower courts should follow stare decisis, security and safety shall be obligatory
allow predictability of jurisprudence upon all who live or sojourn in the
Philippine territory, subject to the
Law of the Case- not lay down principles of public international law and
jurisprudence; binding only to parties on to treaty stipulations.
such case and their successors-in-interest
Territorial - apply only to the physical,
- Cannot be invokes in legal and political confines of the territory
subsequent cases although of the Phils.
bearing the same facts
General apply to all persons found
Ratio decidendi (Dispositive Portion) within the Phils. (residents/aliens)
part of the decision that can be enforced
bby parties but on its own does not EXC:
explain the outcome 1. Generally accepted principles of
international law Vienna
Obiter dictum- part of the decision but Convention: exempting persons
totally immaterial to the adjudication or and property from local
to the case. Not binding/ unnecessary jurisdiction, immunity from suit.
opinion. - Absolute immunity: heads of
- NO stare decisis: no earlier persuasive the state, ambassadors
authorities, other judicial aids may be - Limited immunity: Consuls-
resorted to: acts done in the performance of
their function
1. Decisions of foreign tribunals
2. Laws of other countries Rationale: Equality of States.
3. Learned opinions of jurist and Par in parem
authors
4. Customs: commonly 2. Valid treaty stipulations- VFA,
demandable social rule EDCA
- observed habitually,
repetitively and uniformly Article 15. Laws relating to family rights
within a given society over a period and duties, or to the status, condition and
of time legal capacity of persons are binding
upon citizens of the Philippines, even - Lex Fori law of the
though living abroad. forum, court where
proceedings are being held,
PERSON: Lex Nationalis if not proven processual
- Family rights and duties presumption
- Status : sum total of rights and
duties of a person W Lex Nationalis of the
- Legal capacity decedent
- Filipino citizens : Philippine law M Art. 26
conclusive
Foreigners own national law Article 17 (3) Prohibitive laws
presumptive concerning persons, their acts or
property, and those which have for their
PROPERTY: Lex Rei Sitae object public order, public policy, and
- Real Property good customs shall not be rendered
- Personal Porperty ineffective by laws or judgments
promulgated, or by determinations or
EXC: when the property froms part conventions agreed upon in a foreign
of the estate of the decedent: country.
Order of succession, amountof - expression of public policy
successional righs, intrinsic validity
of will, legal capacity of heirs (example)
Lex nationalis of the
Divorce between Filipinos obtained
decedent
abroad- NOT valid here, against public
X Heirs
policy
CONTRACTS, WILL, MARRIAGES Custody case, Australian court
A. Extrinsic validity (Forms and approved the custody agreement btwn
Solemnities) Australian H and Filipino W. Nullified:
CW - Lex Loci Celebrationis inconsistent with Phil. Public policy that
M Lex Loci Celebrationis no child below 7 yrs.old shall be
separated from the mother (unless
Article 26 All marriages mother is unfit) tender age presumption
solemnized outside the
Philippines, in accordance with Article 19. Every person must, in the
the laws in force in the country exercise of his rights and in the
where they were solemnized, and performance of his duties give everyone
valid there as such, shall also be his due, and observe honesty and good
valid in his country, EXC below 18 faith.
yrs. old., bigamous/polygamous, - Norms and standards of human conduct
judgment of annulment or absolute - Not a source of right per se
nullity not registered in LCR, - there must be abuse of right
psychological incapacity,
incestuous, void: public policy. Violations: Damages
- Acting with justice: giving
B. Intrinsic Validity everyone his due, no unfair
(Substantive/stipulations) advantage over another
C - Lex Voluntatis what is - Acting with honesty and good
in the contract faith: avoiding deliberate harm
- Lex Intentionis contract against another
is silent; from their Abuse constitutes crime under Articles
contemporaneous and 20, 30, 31, 35
subsequent acts of the - Conviction by final judgment of a crime,
parties no crime Art 100 of the RPC will not apply
Acquittal - no conviction by final Q: Grant or deny?
judgment : permit continuation of the civil A: GRANT. Prejudicial question: WON there
case or separate civil case to demand is a valid subsequent marriage.
damages
(3) H & W1
* Tort/Quasi-delict: not just negligent acts W1 abandoned H for USA
but also willful W1 divorce H in USA
* Article 21-34- sources of tortious liability H & W2
so long as there is actionable wrong, W1 criminal case for bigamy : Pp
damages may be awarded. vs. H & w2
Breach of Promise to marry- not H vs W1 for nullification Art36 and
actionable wrong per se recognition of the foreign divorce
EXC: Attending circumstances show that Pp vs H & W2 Motion to suspend
the act is willful, malicious, or contrary to
good morals. Q: Grant or deny?
A: Deny. No prejudicial question
Article 36. Prejudicial questions, which
must be decided before any criminal Note: No change of citizenship of the wife
prosecution may be instituted or may
proceed If recognition of foreign divorce granted:
Acquit, effects of divorce enjoyed by the
2 pending cases civil & criminal W1. Unfair to H to be convicted
- seek deferment, dismissal of criminal
case, because guilt or innocence therein * No final judgment yet terminating the
is based to the outcome of the civil case. marriage
GR: Marriage contracted subsequently is
- previously instituted civil action involves bigamous, void and give rise to criminal
an issue similar or intimately related to case
the issue raised in the subsequent
criminal case. Article 40. Birth determines personality;
- resolution of such issue determines but the conceived child shall be
whether or not the criminal action may considered born for all purposes that are
proceed. favorable to it, provided it be born later
with the conditions specified in the
SITUATIONS: following article.
(1) H & W1 - Birth determines civil personality

H abandons W1 Accorded also to juridical entities: Birth
H & W2 coincides with creation
W1 Pp vs. H & W2 (Bigamy)
Article 41. For civil purposes, the fetus is
H vs. W1 nullification of marriage considered born if it is alive at the time it
Art. 36 is completely delivered from the mother's
Pp vs. H & W2 Motion to suspend womb. However, if the fetus had an intra-
uterine life of less than seven months, it
Q: Grant or deny? is not deemed born if it dies within
A: DENY. No prejudicial question, valid and twenty-four hours after its complete
subsisting marriage when second delivery from the maternal womb.
marriage was contracted
Natural persons birth: fetus is alive at
(2) same the time of complete separation from the
H vs. W2 annulment: vitiated mothers womb
consent of H
H Motion to suspend 2 conditions:
1. Fetus completely delivered SC: Law never required that for death to
2. Alive able to breathe on its take place must be preceded by birth
own
Ordinary Birth intra-uterine life of at ASPECTS OF CIVIL PERSONALITY.

least 7 months. considered born if it is
alive at the time it is completely delivered Article 37. Juridical capacity, which is
from the mother's womb. the fitness to be the subject of legal
relations, is inherent in every natural
Extra-ordinary Birth fetus had an person and is lost only through death.
intra-uterine life of less than 7 months, it Capacity to act, which is the power to do
is not deemed born if it dies within acts with legal effect, is acquired and may
twenty-four hours after its complete be lost.
delivery from the maternal womb.
1. Juridical capacity fitness to be the
* Still birth no civil personality, no subject of legal relations fitness to be the
certificate of live birth. subject of legal relations
Presumptive and Provisional civil PASSIVE: entitles one who is born to

personality moment of conception, rights but not to obligations
deemed born from the time it was
conceived 2. Capacity to Act power to do acts
for purposes favorable to it. Thus, can with legal effect
be an heir, donee and can demand acquired age of majority (18
support. yrs old)
suspended by certain limitations
[Geluz vs. CA] always ACTIVE capacity to act
Underwent 2 abortions before with legal consequences
marriage subject to obligations and
After marriage, got pregnant- liabilities
determent to work, aborted again (3
months) without consent of the husband.
H filed a case for damages vs. FULL CIVIL PERSONALITY
Physician (death of child) UNLESS: capacity to act limited, modified
or restricted.
SC: Cannot award damages, fetus
not considered to have died, it never Article 38. Restrictions on capacity to
survived for at least 24 hours, thus, no act, and do not exempt the incapacitated
civil personality person from certain obligations, as when
the latter arise from his acts or from
[Continental Steel vs. Montano] property relations, such as easements.
W miscarriage
H filed a claim for death benefits - Minority, insanity or imbecility,
unborn fetus died, stipulated in the CBA the state of being a deaf-mute,
Employer denied the claims, death prodigality and civil interdiction
benefits only when a dependent of are mere restrictions
employee dies
Article 39. Circumstances modify or
SC: Dependent - incapable of providing limit capacity to act:
support for himself
Fetus entirely dependent on the mother - age, insanity, imbecility, the
for sustenance state of being a deaf-mute,
penalty, prodigality, family
WON a dependent died relations, alienage, absence,
insolvency and trusteeship.
- Capacity to act is not limited on Sec 5 (jj) Rule 131 Rules of Court
account of religious belief or source is contract or non-hereditary: law
political opinion on survivorship.
Article 42. Civil personality is - 2 or more perish in the same calamity,

extinguished by death. such as wreck, battle, or conflagration,
and it is not shown who died first, and
Q: How long capacity to act lasts? there are no particular circumstances
A: age of majority to death from which it can be inferred, the
survivorship is determined from the
Effects of death governed by probabilities resulting from the strength
- Law and age of the sexes according to the ff
- Contract rules:
- By will
1. Both under the age of 15 : older
* Those that does not survive : purely deemed to have survived
personal , terminated by contract ( ex. 2. Both above 60 : younger deemed
Right of Usufructuary) to have survived
3. One under 15, other above 60 :
- by law: death of 2 persons or more in a under 15 survived
calamity 4. Both over 15, under 60, sex
different : male survived
Article 43. If there is a doubt, as If sex is same : older survived
between two or more persons who are 5. One under 15 or over 60, other
called to succeed each other, as to which between those ages : latter
of them died first, whoever alleges the survived
death of one prior to the other, shall
prove the same; in the absence of proof,
it is presumed that they died at the same DOMICILE
time and there shall be no transmission of
rights from one to the other. - Political Law same with residence
- Civil Law
SITUATION:
H & W newly married DOMICILE RESIDENCE
Plane crashed
Relatives of H vs. Relatives of W Legal relationship that a Physical relationship tha
person has with a place a person may have with
H exclusive property of 8M a particular place
W exclusive property of 12M Only 1 domicile
More than 1
Relatives of H: W died first 20M estate
Legal presence
of H
Physical presence
Relatives of W: H died first 20M estate of
W
Onus: whoever alleges the death of one
Three kinds of domicile
prior to the other, shall prove the same
1. Domicile of Origin persons
(substantial and convincing)
place of birth, fixed and immutable
No Proof: presumed that they died at the
2. Constructive assigned by law
same time. Thus, no transmission of
a. Minor Parent or guardian;
rights from one to the other
Illegitimate mother
b. Other person suffering from
Article 43 claim of parties: hereditary
legal incompetence guardian
or successional
* may ripen into Domicile of choice - Right to consortium
- Manage property
3. Domicile of Choice freely - Consent to sale/disposition of
chosen by a peron possessed with property
legal capacity.
Intent to abandon present Disabilities:
domicle by overt acts ( by - Cannot form a general
leaving the place) partnership
establish in new place - Donate/Sell property to each
animus manendi and animus other
revertendi (intent to return) - Cannot execute joint will
FAMILY CODE 2. Marriage as a Contract

- repealed Civil Code- marriage,
parental authority and support I. Article 2 ESSENTIAL REQUISITES
- introduced new substantive
rights : applied retroactively 1. Legal capacity of the contracting
Retroactivity not applied: if take away parties who must be a male and a
vested rights female
* Illegitimate children no evidence that 2. Consent freely given in the presence

related to decedent of the solemnizing officer
open and continuous possession
of status of illegit.child Notes:
Barred by prescription : lifetime of the 1. Legal capacity of the contracting
father FC parties who must be a male and a
female
SC: while retroactive, but to do so would - 18 yrs old
impair vested rights of respondents- right
to filiation - Man as reflected in his birth certificate
[Silverio vs. Republic]
MARRIAGE
SC: record cannot be changed if
based on reassignment (not a ground to
Article 1. Marriage is a special contract change sex) Dismiss the petition.
of permanent union between a man and a
woman entered into in accordance with [Cagandahan case]
law for the establishment of conjugal and SC: born with congenital disorder
family life. It is the foundation of the intersexuality
family and an inviolable social institution No prominent qualities at the
whose nature, consequences, and time of birth
incidents are governed by law and not Petition is granted.
subject to stipulation, except that Evolving sexuality: natural
marriage settlements may fix the
property relations during the marriage There is a clear error in the entry
within the limits provided by this Code. as to the gender. Require petitioner to
undergo medical examination by a
1. Marriage as a Status : imposes civil government physician new law.
status between parties
- from single to married - absence of other legal impediment to
married: new rights and marry each other
obligations + disabilities
2. Consent freely given in the
May demand performance of obligation presence of the solemnizing officer
exclusive to them, and not demandable
from others. - free, voluntary and intelligent
Voidable if vitiated fraud, mistake, - Institution public policy protects
undue influence - represents the consent conferred by the
state to the parties
NO intelligent consent parties apply in the LCR
- Mistake in identity
- Psychological incapacity Accompanied by :
3. Authority of the Solemnizing - Proof of Legal capacity ( Birth
Officer ( Formal Requisite) Certificate)
- Death Certificate of the
deceased spouse
Article 7. Marriage may be solemnized - Final judgment dissolving the
by: previous marriage
1. Any incumbent member of the If non-citizens: certificate of legal capacity
judiciary within the court's to marry issued by respective embassies
jurisdiction in the Philippines
2. Any priest, rabbi, imam, or minister
of any church or religious sect duly PARENTAL CONSENT ages 18 to
authorized by his church or below 21
religious sect and registered with in writing or mere appearance or
the civil registrar general, acting declaration of parent or guardian to the
within the limits of the written LCR
authority granted by his church or Article 14. In case either or both of the
religious sect and provided that at contracting parties, not having been
least one of the contracting parties emancipated by a previous marriage, are
belongs to the solemnizing officer's between the ages of eighteen and
church or religious sect twenty-one, they shall, in addition to the
3. Any ship captain or airplane chief requirements of the preceding articles,
4. Any military commander of a unit exhibit to the local civil registrar, the
to which a chaplain is assigned, in consent to their marriage of their father,
the absence of the latter, during a mother, surviving parent or guardian, or
military operation persons having legal charge of them, in
5. Any consul-general, consul or vice- the order mentioned. Such consent shall
consul be manifested in writing by the interested
6. Incumbent mayor of a party, who personally appears before the
city/municipality (LGC) proper local civil registrar, or in the form
List of SO exclusive: of an affidavit made in the presence of
EXC: good faith two witnesses and attested before any
official authorized by law to administer
oaths. The personal manifestation shall
II. Article 3. FORMAL REQUISITES be recorded in both applications for
marriage license, and the affidavit, if one
1. Authority of the solemnizing
is executed instead, shall be attached to
officer;
said applications.
2. valid marriage license except in
the cases provided PARENTAL ADVICE ages 21 to 25
3. marriage ceremony which takes
place with the appearance of the If neither suspend the issuance of
contracting parties before the license for 3 months until advice or
solemnizing officer and their consent
personal declaration that they Article 15. Any contracting party
take each other as husband and between the age of twenty-one and
wife in the presence of not less twenty-five shall be obliged to ask their
than two witnesses of legal age. parents or guardian for advice upon the
MARRIAGE LICENSE intended marriage. If they do not obtain
such advice, or if it be unfavorable, the - Anywhere on board a
marriage license shall not be issued till vessel; any port embark or
after three months following the disembarkation/ stopover
completion of the publication of the - CONSULS- only within the
application therefor. A sworn statement consular premises abroad
by the contracting parties to the effect
that such advice has been sought, NOTE: Venue cannot be change. UNLESS,
together with the written advice given, if a prior written request by the parties to
any, shall be attached to the application the solemnizing officer : if none: subject
for marriage license. Should the parents to administrative penalties
or guardian refuse to give any advice, this
fact shall be stated in the sworn Concurrence of all Valid marriage
statement. Absence of some or all Void
Mere defect in consent Voidable
LCR: posting or publication of notice Irregularity (Formal Requirements) not
- office of LCR affect the validity
within 10 days: to inform all - Example: judge outside
persons: if theres objection oppositor his territorial jurisdiction
take necessary judicial action to enjoin - Ceremony not attended
the LCR by 2 witnesses
Duty is ministerial Mandamus will
lie Q: Skype?
LCR: note/record the objection in the book A: No. Parties and So physically present
License: 120 days from date of issuance Mere irregularities:

automatically cancelled at the expiration - ML without parental advice
of the said period if the contracting - ML without parental consent
parties have not made use of it can - ML issued hastily
renewed upon application - ML outside residence of parties
- Used anywhere in the
Philippines/ embassies abroad * In case of doubt: in favor of the validity
Fake/expired/spurious ML: VOID of the marriage
marriage
VOID MARRIAGES
MARRIAGE CEREMONY
- No specific form/ritual Art. 35, 36, 37, 38
- Actual or physical presence of
the parties 1. Contracted by any party below
proxy eighteen years of age even with
the consent of parents or
Parties must express or declare their guardians
consent/intent to the marriage before the
SO, in the presence of at least 2 Foreigner & Filipino : must be 18
witnesses of sufficient age yrs old, if below 18, marriage
cannot be given effect even if valid
VENUE abroad
- PRIEST: church, temple, place of
worship 2. Solemnized by any person not
- JUDGE: Court room legally authorized to perform
- marriages unless such marriages
- ARTICULO MORTIS were contracted with either or
- Anywhere within the zone both parties believing in good
of military operation faith that the solemnizing officer
(marriage of civilians or had the legal authority to do so
combatants)
Priest knew - authority expired (accdg to to enable such party to appear
church laws) : void personally before the local civil registrar
Parties knew no authority : Void (intent
not to be bound) - Court discretion: determine the
remoteness of the place
Redeeming caluse: Good faith either or - not necessarily geographical - lack of
both parties access of means of transpo to LCR
- At the time they exchanged vows
before the So, they belved in GF C. Marriages among Muslims or
that the So was authorized among members of the ethnic
- There was an assumption of cultural communities
apparent authority
- pagans
3. SOLEMNIZED WITHOUT LICENSE - may be performed validly without the
EXC under exceptional necessity of marriage license
circumstances provided they are solemnized in
accordance with their customs, rites or
Q: Is the filing of certificate of practices
appointment by the priest mandatory to
the LCR? Q: what about the authority of the SO?
A: No. Freedom of religion as long as the A: if binding or recognized custom
priest was authorized by the church to
solemnize D. RATIFICATION/ CONVALIDATION OF
COHABITATION
Marriages Exempted from License
Requirement - man and a woman who have lived
together as husband and wife for at least
5 years
A. MARRIAGE IN ARTICULO MORTIS -
- without any legal impediment to marry
either or both of the contracting parties
each other.
are at the point of death (Article 27)
contracting parties shall state the
- shall remain valid even if the ailing foregoing facts in an affidavit before any
party subsequently survives person authorized by law to administer
oaths.
(i) Between passengers or crew members solemnizing officer shall also state
- solemnized by a ship captain or by an under oath that he ascertained the
airplane pilot not only while the ship is at qualifications of the contracting parties
sea or the plane is in flight, but also are found no legal impediment to the
during stopovers at ports of call. (Article marriage
31)
(ii) military commander of a unit, who is - Cohabitation is exclusive
a commissioned officer - between persons - At least 5 years
within the zone of military operation, - Not suffering from any legal
whether members of the armed forces or impediment to marry each other
civilians (Article 32) Q: Interpretation of no legal impediment
A: Nial: no legal impediment coincide
- in lieu of ML: AFFIDAVIT by SO with the 5 year of cohabitation and
ascertaining articulo mortis and legal marriage
capacity of the parties
A: Manzano vs. Sanchez-Borja
B. REMOTE PLACE As long as at the time of celebration of
- residence of either party is so located marriage they are not suffering from any
that there is no means of transportation legal impediment
Rojo case:
-Administrative case an absence of only 2 years shall be
- judge was sanctioned for failing to sufficient
ascertain that during the cohabitation
parties are not suffering from any legal REQUISITES:
impediment a. spouse present must institute a
(reverted to Nial) summary proceeding for the
declaration of presumptive death
Maam: None controlling not decide en of the absentee, without prejudice
banc to the effect of reappearance of the
Lial more controlling : in accordance absent spouse
with the provision of the CC absent for 4 or 2 years
FC : law makers never intended to mean
that there must be no legal impediment b. the spouse present has a well-
during the cohabitation founded belief that the absent
spouse was already dead
*Joint Affidavit of cohabitation contains - active diligent effort to look for
falsities = VOID lack of ML the absent spouse
- inform Law Enforcement
4. BIGAMOUS OR POLYGAMOUS agencies
marriages not failing under Article - inform Interpol as to the
41 disappearance
- seek help from relatives/ public
EXC announcements
(i) Marriages between Filipino c. Present spouse has the intention to
Muslim Men Code of Muslim remarry
Personal Laws d. Petition for the Judicial Declaration
- Up to 4 marriages an of Presumptive Death
honor all of them - Implead NSO and LCR
simultaneously - Annotate correction of entry
Consent of the prior wife must + presumptive death
be obtained, if cannot be obtained
consent of imam e. Substantial proof of the
requirements
- Non-muslim man & woman non f. Judicial Declaration of Presumptive
muslim ceremony Death
- Man fell inlove with a Muslim woman: - Final and executory from
required to convert (abandoned his notice to the parties
first wife) - Not appealable
W1: filed a case for bigamy - Rule 65 GAD
SC: CMPL REAPPEARANCE

- must have obtained consent of the W1
- did not show that he converted 1st - Ipso facto from the recording of the
marriage to Islam or muslim rites Affidavit of Reappearance
1st marriage is revived and 2 nd
(ii) Covered by Articles 41, 42, 43 marriage is extinguished without
FC need of judicial proceeding to set
aside judicial declaration of PD
- before the celebration of the subsequent - Mere filing of Affidavit to
marriage, the prior spouse had been the LCR
absent for 4 consecutive years - File by the person who
reappeared or any person
Disappearance where there is danger who has knowledge of
of death under the circumstances set the reappearance
forth in the provisions of Article 391 CC -
EFFECTS OF REAPPEARNCE b. Between brothers and sisters,
(i) ACP or CPG dissolved, liquidated whether of the full or half blood.
and partitioned
- If theres bad faith: 8. AGAINST PUBLIC POLICY Article 38
forfeited in favor of a. Between collateral blood relatives
common children, whether legitimate or illegitimate, up
children of the guilty to the fourth civil degree;
spouse or innocent b. Between step-parents and step-
spouse children;
Bad Faith : Misrepresentation intrinsic c. Between parents-in-law and children-
fraud : Rule 65 failed to ascertain the in-law;
truth of the claim d. Between the adopting parent and
the adopted child;
Both in Bad faith W & H2 = Void ab initio: e. Between the surviving spouse of the
Bigamous adopting parent and the adopted
child;
SITUATION: f. Between the surviving spouse of the
H & W marriage no ceremony adopted child and the adopter;
W Canada Divorce g. Between an adopted child and a
H received divorce decree legitimate child of the adopter;
Q: is there a bigamous marriage? h. Between adopted children of the
A: None. No valid previous marriage, same adopter; and
divorce no effect at all i. Between parties where one, with the
intention to marry the other, killed
that other person's spouse, or his or
H & W1 her own spouse.
H left W1
H cohabited with GF
GF pressure H to get marry, knows that H 9. PSYCHOLOGICAL INCAPACITY
is married Article 36
Marriage : Fixer - Parties at the time of the
celebration
Q: is the 2nd marriage bigamous? - was psychologically incapacitated
A: No. Not valid 2nd Marriage to comply with the essential
marital obligations of marriage
5. CONTRACTED THROUGH MISTAKE OF - even if such incapacity becomes
ONE CONTRACTING PARTY AS TO THE manifest only after its
IDENTITY OF THE OTHER solemnization.
- Lack or absence of consent
REQUISITES/GUIDELINES:
6. THOSE SUBSEQUENT MARRIAGES Burden of proof : petitioner
THAT ARE VOID UNDER Article 53 Root cause; allegedly clinically
- Failure to cause the registration of proven. Expert witness
the judgment of annulment or of Psychological incapacity is grave or
absolute nullity of the marriage with
serious
the LCR
- Disables the party from
assuming essential obligations
7. INCESTOUS Article 37
of marriage
- Not mere unwillingness but
- whether relationship between the
inability to understand them
parties be legitimate or illegitimate:
Incurable and permanent: no form
a. Between ascendants and of therapy or counseling or any
descendants of any degree treatment can treat the incapacity,
manage symptoms but not cure
- Absolute incapacity- GR: Purely personal between the
incapacitated to marry others spouses to the void marriage
also - so long as the spouse s are alive,
- Relative- limited to present no other person can commence,
spouse but not amount ot even the state
mere irreconcilable differences - children no capacity
Juridically antecedent- exists prior EXC
to or at the time of the celebration - In case of void bigamous
of the marriage, family history marriage, spouse in the
Failed to comply with essential valid subsisting marriage,
marital obligations legal capacity to protect
National Appellate matrimonial the marriage, hence can
tribunal of the Catholic Church file the petition for
not contolling, given great respect nullification of the void
Appearance of the State through bigamous marriage
the OSG secured in all stages of [Carlos vs. Sandoval]
the proceeding
- Marriages prior to the FC- not purely
NOT PSYCHOLOGICAL INCAPACITY personal
- Mere abandonment, no matter - Solemnized after FC but before March
how long 15, 2003 ( New rules on annulment
- Lack of cohabitation/ and nullification of marriages took
consummation of marriage effect)
EXC Chiming Tsoi case: abstinent - Purely personal between
and protracted to consummate spouses
marital obligation - All marriages case pending in court as
- Mere immaturity, irresponsibility, of mArch 15, 2003 no retroactive
refusal to procure employment, application
laziness, indolence WHO MAY FILE?
- Womanizing
- Evidence of persistence violence Spouses
or abuse no matter how serious Anyone- has interest in the validity
or invalidity of the marriage
SC: presence or absence, severity of PI =
(Children of either spouse in prior
Question of fact
marriage)
Molina: not strcit guidelines, court Any of the respective heirs inherit
decided on the basis of own findings by intestacy or testacy
Rigid adherence to Molina Note: Either spouse died - validity or
invalidity of the marriage may be raised
- Little or no evidence at all of the PI, in an action for the settlement of estate
affirmed by an expert witness (there
must be a supporting evidence, not - intrinsic issue: determine who are the
mere hearsay) heirs and how much would they inherit
Liberal interpretation 2. Filed within the proper period
- Lifetime of either spouse: direct
- In the absence of any fraud or action (petition for nullification
misrepresentation, court can nullify or annulment)
the marriage. Testimony of petitioner - Death of spouse - Settlement of
and Expert witness Estate: Imprescriptible
RULE ON THE PETITION FOR
NULLIFICATION OF MARRIAGE 3. Filed with the proper court
- Direct action: Family Court
1. Filed by the proper party
- Settlement of estate : depends unless after attaining the age of
on the value of the estate twenty-one, such party freely
cohabited with the other and both
lived together as husband and wife
EFFECTS IF MARRIAGE IS DECLARED
VOID WHO can file:
- party whose parent or guardian did
1. Marital bond is severed or not give his or her consent
terminated: no right or obligation - by the parent or guardian or person
to live together, consortium, having legal charge of the minor
support. Wife can resume to use
the maiden surname WHEN:
2. Common children - within 5 years after attaining the age
GR: all children conceived and born of twenty-one
under a VOID marriage = - at any time before such party has
ILLEGITIMATE reached the age of twenty-one
EXC: Basis of nullification is Article
36, 35(6) = Children remain 2. Either party was of unsound
LEGITIMATE mind,
unless such party after coming to
Q: is there a need to prove reason, freely cohabited with the
filiation? other as husband and wife
A: If not recorded, not annotated in
Birth Certificate, can be questioned - Party deprived of the
by other heirs, hence they must mental capacity to
prove appreciate the legal
effects of the marriage
3. Property acquired during marriage - Proved: medical evidence
- No ACP, CPG could be
established by law: only by Not limited to classic insanity
valid marriage settlement Other equivalents:
- If no MS
- Article 147 : no legal - Drunkenness
impediment for spouses to - Other illness affects
marry each other: presumptive mental capacity
co-ownership, equal share - Comatose
- Article 148 : there is legal
Inquiry must be made as to the effect of
impediment: actual proof as to
the illness or disease of the mind of the
the joint financial contribution
party, not the illness per se
to the acquisition, co-
ownership limited to such WHO can file:
proof. No proof- equal share - by the same spouse, who had no
knowledge of the other's insanity - by
any relative or guardian or person
having legal charge of the insane
VOIDABLE MARRIAGES
Valid until annulled WHEN:

Basis: vitiated consent - any time before the death of either
party
1. No parental consent obtained. - by the insane spouse during a lucid
- 18 to below 21 interval or after regaining sanity
- parents, guardian or person having
substitute parental authority over the 3. consent of either party was obtained
party by fraud
unless such party afterwards, with
full knowledge of the facts FACTORS:
constituting the fraud, freely - Family, other confidential
cohabited with the other as husband relations
and wife - Moral dependence
- Feeblemindedness
WHO can file: by the injured party - Indigence
WHEN: within 5 years after the
discovery of the fraud All exclude each other mutually cannot
co-exist
Article 46. Constitutes fraud WHO can file: injured party
WHEN: within five years from the
a. Non-disclosure of a previous time the force, intimidation or
conviction by final judgment of the undue influence disappeared or
other party of a crime involving ceased
moral turpitude
5. Impotency: either party was
b. Concealment by the wife - she was physically incapable of consummating
pregnant by a man other than her the marriage with the other, and such
husband incapacity continues and appears to
c. Concealment of sexually be incurable
transmissible disease, regardless
of its nature, existing at the time - Physical incapacity
of the marriage permanent and incurable
d. Concealment of drug addiction, - Frigidity of the wife

habitual alcoholism or Expert testimony or medical
homosexuality or lesbianism evidence: physical examination of the
existing at the time of the spouses needed
marriage
Doctrine of Triennial Cohabitation
wife remained a virgin, 3 years from
4. That the consent of either party was
the celebration of the marriage.
obtained by force, intimidation or
Husband is presumed impotent
undue influence
unless the same having disappeared WHO can file: injured party
or ceased, such party thereafter freely WHEN: within five years after the
cohabited with the other as husband marriage
and wife
6. That either party was afflicted with a
- Force: actual physical violence, must sexually-transmissible disease found
be irresistible as to interfere with the to be serious and appears to be
free agency of the other incurable.
Amounts to coercion WHO can file: injured party
WHEN: within five years after the
- Intimidation or duress: well-founded marriage
fear of grave or imminent evil in
created in the mind of the other which
facilitated consent GROUNDS: DISMISSAL OF THE
Unjust amounting to threat PETITION
1. Prescription
-Undue influence abuse of influence, 2. Free Cohabitation
moral ascendancy, used to get - innocent or aggrieved spouse,
consent consents expressly or impliedly
moral coercion to continue marital relations
despite knowledge of the
defect, consent to continue PROCEEDINGS/JUDGMENT IS VOID
- Voluntary discharging of
marital obligations 1. Purely based on stipulation of facts or
= ratification of voidable marriage confession of judgment
Stipulation of facts there must be

EFFECTS: JUDGMENT ANNULING a separate independent evidence,
VOIDABLE MARRIAGE basis of the judgment (Marriage:
Public policy state protects)
1. Marital ties extinguished from the
time of final judgment 2. Failure of the court to ensure
appearance of the State
2. Common Children : remain - Annulment and
LEGITIMATE declaration of nullity the
appearance of the state,
3. Property relations compulsory. From
- all property acquired during inception to conclusion
validity of marriage, form part - Violation of Due Process
of ACP/CPG of the state
- from finality of judgment- - Appearance of the state
ACP/CPG: dissolved, liquidated, to ensure that there is NO
partitioned collusion.
3. Court failed to properly acquire
Proceedings for liquidation of jurisdiction over the person of the
ACP/CPG: other spouse
Compromise agreement by spouses
UPON DEATH OR UPON FINAL
with approval of the court
JUDGMENT OF NULLITY OR
Undergo liquidation proceedings
ANNULMENT
(same court)
- Court ensure rights of creditors are - marriage is dissolved and would
protected: Notify them of the authorize the parties to remarry
pendency of liquidation - nullity if void
proceedings: Publication - annulment if voidable
- recognition of foreign divorce
NOTE: petition for annulment:
BIFURCATED PROCESS RECOGNITION OF FOREIGN DIVORCE
1. Determine validity or invalidity
of the marriage - implicitly allowed in Article 26 (2):
2. Liquidation Where a marriage between a Filipino
citizen and a foreigner is validly
No liquidation No remarriage celebrated and a divorce is thereafter
validly obtained abroad by the alien
Guilty Spouse spouse capacitating him or her to
- Donations propter nuptias : remarry, the Filipino spouse shall have
revoked capacity to remarry under Philippine law.
- Designation insurance policy as - There must be a mixed marriage
beneficiary : revoked by operation between Filipino and foreigner; should the
of law even if irrevocable divorce be obtained by the alien spouse,
- Disqualification to inherit from the the Filipino spouse may remarry
innocent spouse
- Share on the net remainder or net [Van Dorn v. Romillo]
profit: revoked in favor of common
children, children from previous 1. The marriage must have been a
marriage, innocent spouse mixed marriage
- citizenship of the parties would be
material only at the time of divorce not at SC: Article 26(2) is not applicable
the time of contracting marriage - however, while it is not applicable,
(Republic v. Orbecido) the case is not dismissed because
the filing of the petition must be
- if both were former Filipino which were based on the petitioners national
subsequently naturalized, this provision is law
no longer applicable because they are
governed by their new national law
- is he allowed to file the
2. alien spouse who obtained the petition?
divorce decree abroad - is the divorce allowed under his
national law
- it must be established that petitioner in Thus, the source of right to
the divorce proceedings was not the remarry is his national law
Filipino spouse (divorce is against
Philippine public policy because it is
contrary to the sanctity of marriage) LEGAL SEPARATION
- in Van Dorn, the divorce decree was
recognized on the basis of Mitigation of - marital ties are not extinguished but
Consequences Principle merely suspended
- also known as relative divorce
MITIGATION OF CONSEQUENCES
PRINCIPLE Article 55. GROUNDS
- regardless of who initiated, as long
as the alien spouse is already free 1. Repeated physical violence or
from the marriage, the Filipino grossly abusive conduct directed
spouse must also be free and against the petitioner, a common
Philippine courts must mitigate the child, or a child of the petitioner
effect of
- to avoid the absurd situation where - must be repeated
alien spouse is no longer married - the initial act is grossly
to the Filipino but not vice versa abusive conduct
- implicitly grants the right to - both may result to a
Filipinos to initiate divorce abroad punishable crime
- if against petitioner, it may
3. it must be proved that the divorce fall under VAWC
decree obtained abroad is issued - if against minor child, 7610
by a competent court and is an and VAWC
absolute divorce 2. Physical violence or moral
pressure to compel the petitioner
- absolute divorce: there is to change religious or political
severance of marriage bonds and affiliation
restoration of single status thus - right to religion
permitting them to remarry - freedom of speech
- relative divorce: marriage is not - need not be repeated
terminated or terminated but
- mere moral pressure is enough
cannot remarry; cannot be
- mere moral pressure means undue
recognized in the Philippines
influence
[Corpuz v. Sto. Tomas]
3. Attempt of respondent to corrupt
- foreign spouse obtained divorce decree
or induce the petitioner, a
- foreign spouse filed a petition in the
common child, or a child of the
Philippines for the recognition of divorce
petitioner, to engage in
decree invoking Article 26 (2)
prostitution, or connivance in
such corruption or inducement - The petition for legal separation
- may also be liable under RA 7610, must be filed in the Family Court
exploitation of minor / trafficking where petitioner resides
- During the pendency of the
4. Final judgment sentencing the proceedings, they are entitled to
respondent to imprisonment of live separately
more than six years, even if - Protection order under RA 9262
pardoned may be availed (temporary or
permanent protection order)
5. Drug addiction or habitual - Within 6 months from the date of
alcoholism of the respondent filing, court must observe cooling-
off period
6. Lesbianism or homosexuality of refrain from hearing the
the respondent main cause of action on the
basis that petition is filed at
Grounds number 5 and 6 the height of emotions
if rooted in family history, it is it is error for the court to
psychological incapacity which is a start pre-trial or trial
ground for nullification to allow reconciliation
if concealed, ground for annulment - Court may hear the following
if existed after marriage, ground for Support
legal separation Custody
administration if ACP or CPG
7. Contracting by the respondent of
a subsequent bigamous marriage, - court may issue provisional orders
whether in the Philippines or for said incidents
abroad - court must endeavor reconciliation
- after cooling-off period, proceed to
- nullification of subsequent pre trial
marriage for being bigamous or - there is no cooling-off period in
legal separation annulment and nullification
- Can these two be consolidated?
Yes because you need the same WHO MAY FILE PETITION FOR LEGAL
evidence SEPARATION?
- petition is purely personal: may be
8. Sexual infidelity or perversion initiated and prosecuted only by
- sexual infidelity: understood in its either of the spouses
generic broad sense: not the same - effect of death of spouse during the
as in criminal law wherein infidelity pendency of the petition: the
means adultery and concubinage proceedings is abated
- sexual perversion is a separate - appearance of state in all
ground: husband's unreasonable proceedings must be complied with
sexual demands - if there is collusion, dismiss the
petition
9. Attempt by the respondent
- motion to dismiss is not allowed
against the life of the petitioner
(remedy: file an answer and make
the ground for motion to dismiss as
10. Abandonment of petitioner by an affirmative defense)
respondent without justifiable
cause for more than one year GROUNDS FOR DISMISSAL OF
PETITION FOR LEGAL SEPARATION
- deliberate denial of financial,
emotional, spiritual support
1. CONDONATION OR PARDON 4. wife cannot drop the surname of
- there must be prior notice as to husband
the mistake 5. common children are entitled to
- expressly or implied condoned support from both parents
such mistake 6. custody:
- jurisprudence: rumors that wife - below 7: to mother
is having extra marital affair, - 7 and: child will choose unless
later admitted by wife, husband the choice is unfit
shared the bed with wife 7. ACP and CPG is terminated,
implied pardon liquidated, and partitioned
- pardon is given subsequent to - rules if there is guilty spouse
the commission of the ground donations propter nuptias are
rendered revocable
2. CONSENTED TO THE COMMISSION designation as beneficiary in
OF GROUND life insurance is rendered
- consent is given prior to the revocable
commission of the ground revocable because it is upon
- jurisprudence: in their the discretion of the innocent
Memorandum of Agreement, spouse whether or not to
they can live separately and can actually revoke
enter into relationship with guilty spouse is disqualified to
another the contract is inherit from the innocent
contrary to public policy but an spouse
evidence of consent
share in the net profits is
forfeited to common children,
3. COLLUSION children from prior marriage, or
- fabrication of evidence innocent spouse
4. CONNIVANCE THE EFFECTS OF LEGAL SEPARATION

- spouses agreed to commit the LAST UNTIL;
grounds a) one or both spouse died
b) there is reconciliation: resumption
5. IN PARI DELICTO of friendly relations / resumption of
- mutually and equally guilty in rights and obligations
causing legal separation
6. PRESCRIPTION EFFECTS OF RECONCILIATION
- petition must be filed within 5 - reconciliation prior to filing : cannot
years from occurrence of the file the petition
ground - reconciliation during the pendency
- each sexual infidelity are separate of the case: dismiss the petition
grounds - reconciliation after judgment:
- even if the grounds is belatedly judgment granting legal separation
discovered, reckoning period is still is vacated
at the time of occurrence - written joint manifestation
submitted to the court may include
EFFECTS IF PETITION FOR LEGAL stipulations regarding property
SEPARATION IS GRANTED relations to:
1. marital bond is not terminated restore fully ACP and CPG
2. either of the spouses cannot and bring back common
remarry property or retain complete
3. right and obligation to support separation of property
does not cease except for the
guilty spouse Q: Would a decree of legal separation bar
marital rape?
A: No. There is more reason for marital H opposed the admission of such
rape record
Ruling: inadmissible evidence because
People v. Jumawan: the husband cannot medical records are purely confidential
force himself upon his wife, otherwise it is to the owner of such findings
marital rape (informational privacy)
Note!
- petition for legal separation does - in another case, private letters are not
not bar petition for annulment and admitted as evidence of infidelity
nullification: no estoppel; the because it was obtained in violation of
remedies are not mutually right to privacy of communications
exclusive
- registered in the LCR may be made 2. The husband and wife shall fix the
but this is not required; registration family domicile. (Article 69)
will benefit property relations - In case of disagreement, the court
shall decide.
RIGHTS AND OBLIGATIONS BETWEEN - The court may exempt one spouse
HUSBAND AND WIFE from living with the other if the
- marriage creates status which imposes latter should live abroad or there
rights and obligations are other valid and compelling
reasons for the exemption.
1. The husband and wife are obliged - However, such exemption shall not
to live together, observe mutual apply if the same is not compatible
love, respect and fidelity, and with the solidarity of the family.
render mutual help and support. - live separately if there is grant for
(Article 68) legal separation
- no writ of habeas corpus can
compel husband to return to the 3. The spouses are jointly
family home (Ilusorio v. Ilusorio); responsible for the support of the
right to privacy and liberty of abode family. (Article 70)
prevailed - The expenses for such support and
- wife abandoned the husband other conjugal obligations shall be
because the latter has unreasonable paid from the community property
sexual demands and abuses the and, in the absence thereof, from
wife: the wife cannot be compelled the income or fruits of their
to return even if in the guise of separate properties.
contempt; remedy is admonish the - In case of insufficiency or absence
wife to return of said income or fruits, such
- provisions of Rules of Court on marital obligations shall be satisfied from
privilege and marital communication the separate properties.
privilege
spouses cannot testify in a criminal 4. The management of the
case involving information obtained household shall be the right and
during marriage the duty of both spouses. (Article
cannot be subpoenaed unless the 71)
other is the accused - The expenses for such management
- in the case of Go, shall be paid in accordance with the
provisions of Article 70.
H is allegedly psychologically
incapacitated because of drug 5. Either spouse may exercise any
addiction legitimate profession, occupation,
W presented medical certificate that business or activity without the
he went medical rehabilitation consent of the other. (Article 71)
- The other spouse may object only Authority to be the sole
on valid, serious, and moral administrator of the absolute
grounds. community
- In case of disagreement, the court Legal separation
shall decide in a summary petition Denial of support
whether or not:
Protection orders under RA
a. The objection is proper, and
9262
b. Benefit has occurred to the
family prior to the objection or Damages
thereafter - The obligations to the family
if benefit redounded to the mentioned in the preceding
family before objection, paragraph refer to marital, parental
obligation shall be borne by or property relations.
ACP/CPG - A spouse is deemed to have
ii. if benefit redounded to the abandoned the other when her or
family after objection, she has left the conjugal dwelling
separate property of the without intention of returning. The
spouse who did not obtain spouse who has left the conjugal
consent shall borne the dwelling for a period of three
resulting obligation months or has failed within the
- The foregoing provisions shall not same period to give any
prejudice the rights of creditors information as to his or her
who acted in good faith. whereabouts shall be prima facie
presumed to have no intention of
Jurisprudence: returning to the conjugal dwelling.
- wife failed to give the copy of video
to the clients because it was Tenchavez v. Escao
accidentally deleted - In-laws took away wife
- clients filed a case for breach of - He received divorce decree
contract - Wife contracted subsequent marriage
- husband files motion to dismiss for - Wife and new husband went to the
lack of cause of action against him Philippines
- Ruling: since wife did not obtain - Court granted legal separation and
consent, the resulting injury shall damages in favor of husband because of
be borne by the wife the deliberate act of denying consortium
Note: PROPERTY RELATIONS

- When one of the spouses neglects - Depends on the marriage
his or her duties to the conjugal settlement
union or commits acts which tend - in the absence of marriage
to bring danger, dishonor or injury settlement, provisions of Family
to the other or to the family, the Code supplemented by the Civil
aggrieved party may apply to the Code will govern
court for relief. (Article 72) - by customs (not contrary to law
- If a spouse without just cause and public policy)
abandons the other or fails to
comply with his or her obligations MARRIAGE SETTLEMENT
to the family, the aggrieved spouse - a contract entered into by the future
may petition the court for: husband and future wife stipulating on
Receivership property regime upon celebration of
marriage
Judicial separation of
- does not prohibit provisions not
property
dependent on marriage and property
(example : filiation)
Donor Donee Coverage
future future may cover present - prior to the celebration of marriage
husba wife and future property - all amendments must be done
nd future before solemnization
future husban present property - property regime at the beginning of
wife d if in marriage marriage is immutable and cannot
settlement, there are be amended without judicial
limitations authority
- if marriage
settlement is CPG or 3. form
CSP: not more than - in writing
1/5 of the present - signed personally by the parties
property may be - if it will affect third persons, must
donated be registered in the LCR where
marriage is recorded and in all
- if marriage
appropriate Register of Deeds
settlement is ACP: no
limits (kasi
4. when to register
mapupunta din lang
- at the same time of registering the
sa kanila ung
marriage
idodonate)
- there is no prohibition that
- must be in marriage settlement be registered
accordance with earlier
proper donation - there is benefit for early
registration is marriage settlement
future property contains donation propter nuptias
- may cover all or
some, must always be Note:
contained in a will - Marriage settlement is always
(not in marriage subject to a suspensive which is
settlement) because the celebration of marriage
it is considered a
testamentary - Non-celebration of marriage automatically
disposition nullifies the marriage settlement except
- subject to rules on for provisions not dependent on marriage
legitimes (may be used as proof of filiation)
- Marriage settlement can include
3rd future present property only, provisions on penalty for failure to comply
with obligations (a s long as not contrary
person husban never future property
to law)
d or of donor
future - form : ordinary PROPERTY REGIMES
wife donations 1. Absolute Community of Properties
- bilateral: offer and (ACP): default regime
acceptance 2. Conjugal Partnership of Gains (CPG)
3. Complete Separation of Properties
MARRIAGE SETTLEMENT, TO BE VALID (CSP)
1. parties 4. Combination of any of the above
- future husband and future wife
- if one suffers civil interdiction, the DONATION PROPTER NUPTIAS
court will appoint guardian - A special form of donation inter
- if minor, guardian is included vivos
- if parental consent is required, - Between or for future spouses
parent or guardian is included - In consideration of an impending
2. when marriage
- Made prior to its celebration - if donation propter nuptias is
contained in the marriage
Whether or not acceptance must be settlement, it automatically
express or implied invalidates the marriage
Two schools of thought settlement including the donation
1. there is no legal prohibition for propter nuptias
express acceptance
2. there is implied acceptance on PROHIBITION OF DONATION DURING
the celebration of marriage MARRIAGE
- once married, spouses can no
Once the donation is accepted, it longer receive gifts from each other
becomes final and executory because of
GROUNDS TO REVOKE A DONATION tendency to defraud credits
(not found in ordinary donations ) donation may impair
1. marriage is not solemnized legitimes
2. marriage is declared void - but they can give moderate gifts
3. marriage is solemnizes without during family rejoicing
parental consent where one is
necessary (only if the donor is
parent whose consent is necessary) Jardin v. CA
4. marriage is annulled (if donation - H gave expensive car to W
was in favor of guilty spouse) - W rammed it
5. petition for legal separation is - W claimed insurance
granted - Insurance company claims that it
6. donations propter nuptias was was a void donation
subject to a resolutory condition
which happened Ruling: nullity of donation cannot be
7. if donee commits act of ingratitude raised by the insurance company
against the donor
PROHIBITION OF DONATION DURING
a. If the donee should commit MARRIAGE APPLIES TO COHABITING
some offense against the PARTIES
person, the honor or the
property of the donor, or of his Matabuena v. Cervantes
wife or children under his - the man donated parcel of land to
parental authority woman with whom he is
b. If the donee imputes to the cohabitating
donor any criminal offense, or - they subsequently married
any act involving moral - husband died
turpitude, even though he - relatives of husband claimed that it
should prove it, unless the was a void donation
crime or the act has been
committed against the donee Ruling:
himself, his wife or children - defect of nullity of donation is
under his authority cured by the subsequent marriage
c. If he unduly refuses him - she acquired the property by virtue
support when the donee is of succession, not by the donation
legally or morally bound to give
support to the donor Arcaba v. Tabancura
- donation was made during
HOW TO REVOKE DONATION?
cohabitation
- by a judicial petition because the
- Cohabitation or living together as
revocation is not self-executing
husband and wife means not only
residing under one roof, but also
having repeated sexual - property acquired during the
intercourse. Cohabitation, of marriage is presumed to belong to
course, means more than sexual the community, unless it is proved
intercourse, especially when one of that it is one of those excluded
the parties is already old and may therefrom
no longer be interested in sex. EXC
- At the very least, cohabitation is 1. Property acquired during the marriage
the public assumption by a man by gratuitous title (donation inter
and a woman of the marital vivos, through hereditary succession,
relation, and dwelling together as condonation of debt) by either spouse
man and wife, thereby holding
themselves out to the public as - Including the fruits as well as the
such. income thereof, if any, unless it is
- Secret meetings or nights expressly provided by the donor,
clandestinely spent together, even testator or grantor that they shall
if often repeated, do not constitute form part of the community
such kind of cohabitation; they are property
merely meretricious. 2. Property for personal and exclusive
- Thus, if there is no cohabitation, use of either spouse regardless of how
there is no prohibition of donating it was acquires.
to each other
- In case of illicit relationship: void - However, jewelry shall form part of the
cohabitation community property
DEFAULT MARRIAGE SETTLEMENT 3. Property acquired before the marriage

by either spouse who has legitimate
- If married under the Civil Code: descendants by a former marriage,
CPG and the fruits as well as the income, if
- If married under the Family Code: any, of such property
ACP
- because support for the children in
reason for the shift from CPG the former marriage shall be
in Civil Code to ACP in Family Code: charged from such properties
more consistent with Filipino values - if there are no children in the
and culture because Filipinos are former marriage, the property shall
inherently generous form part of the ACP
- If married under the Civil Code and Q: What if the donation propter nuptias
there is no marriage settlement stipulated that only one will benefit?
until the effectivity of the Family A: then the property shall be considered
Code: property regime is separate property of the donee; the
automatically transformed to ACP remedy is to execute marriage settlement
(subject to vested rights) which on ACP
1. ABSOLUTE COMMUNITY OF Q: Is jewelry inherited during marriage

PROPERTY (ACP) part of ACP?
A: No.
GR:
- the community property shall Q: What if parcel of land purchased by
consist of all the property owned husband out of bonus and registered
by the spouses at the time of the solely in his name?
celebration of the marriage or A: ACP
acquired thereafter
Q: Are gambling winnings part of the ACP
A: Yes. But in case of gambling losses, it 1. Those acquired by onerous title
will be the sole liability of loser during the marriage at the expense
of the common fund, whether the
Thus, acquisition be for the partnership,
If acquired through an onerous title, or for only one of the spouses
there is presumption of ACP
- burden to prove that it is a separate 2. Those obtained from the labor,
property must be based on the industry, work or profession of
exceptions either or both of the spouses;
If acquired gratuitously: separate
property 3. The fruits, natural, industrial, or
civil, due or received during the
2. CONJUGAL PARTNERSHIP OF GAINS marriage from the common
property, as well as the net fruits
Article 106. Under the regime of from the exclusive property of each
conjugal partnership of gains, the spouse;
husband and wife place in a common
4. The share of either spouse in the
fund the proceeds, products, fruits and
hidden treasure which the law
income from their separate properties
awards to the finder or owner of
and those acquired by either or both the property where the treasure is
spouses through their efforts or by found;
chance, and, upon dissolution of the
marriage or of the partnership, the net 5. Those acquired through occupation
gains or benefits obtained by either or such as fishing or hunting;
both spouses shall be divided equally
between them, unless otherwise agreed 6. Livestock existing upon the
in the marriage settlements. dissolution of the partnership in
excess of the number of each kind
Exclusive Property of each spouse brought to the marriage by either
Article 109. spouse
1. That which is brought to the
marriage as his or her own 7. Those which are acquired by
2. That which each acquires during the chance, such as winnings from
marriage by gratuitous title gambling or betting. However,
3. That which is acquired by right of losses therefrom shall be borne
redemption, by barter or by exclusively by the loser-spouse.
exchange with property belonging
to only one of the spouses When one of the spouses is a
4. That which is purchased with creditor (Art 119)
exclusive money of the wife or of
the husband. Principal amount that may be collected
during the marriage exclusive property
Properties that forms part of the CPG of the spouse
Art. 116. All property acquired during Interest falling due during the marriage
the marriage, whether the acquisition CPG
appears to have been made, contracted (situation)
or registered in the name of one or both
spouses, is presumed to be conjugal H has a lending business. 1M loan to X
unless the contrary is proved. payable on 5 annual installments with an
interest of 10% per annum
The following are conjugal
partnership properties: Art. 117. Year 1 : 200k + 20K int
Year 2 : 200k + 20K int DOM
Year 3 : 200k + 20K int Contract to sell
H&L part of CPG, title vested during the
40K interest shall form part of CP, marriage. CPG reimburse H for 200k
Principal still the exclusive property of H
Property acquired by Installments Improvements (Article 120)

(Art 118)
The ownership of improvements,
Property bought on installments whether for utility or adornment, made on
paid partly from exclusive funds of either the separate property of the spouses at
or both spouses and partly from conjugal the expense of the partnership or through
funds belongs to the buyer or buyers if the acts or efforts of either or both
full ownership was vested before the spouses shall pertain to the conjugal
marriage and to the conjugal partnership partnership, or to the original owner-
if such ownership was vested during the spouse, subject to the following rules:
marriage. In either case, any amount
When the cost of the improvement
advanced by the partnership or by either
made by the conjugal partnership and
or both spouses shall be reimbursed by
any resulting increase in value are more
the owner or owners upon liquidation of
than the value of the property at the time
the partnership.
of the improvement, the entire property
Determine when title vests depends of one of the spouses shall belong to the
on the nature of the contract conjugal partnership, subject to
reimbursement of the value of the
Contract of Sale property of the owner-spouse at the time
- transfers of title : delivery of the improvement; otherwise, said
- separate and exclusive - contract property shall be retained in ownership by
of sale before marriage the owner-spouse, likewise subject to
reimbursement of the cost of the
Contract to Sell improvement.
- transfer of title is conditioned upon
the full payment In either case, the ownership of the
entire property shall be vested upon the
(situation) reimbursement, which shall be made at
the time of the liquidation of the conjugal
H prior to Marriage Housing loan : partnership.
House & lot worth 1M
Year 1 : 200k (situation)
Year 2 : 200k DOM Land: exclusive property of W 1M
Year 3 : 200k House Improvements 5M
Year 4 : 200k Present value of the property 8M
Year 5 : 200k
GR: whoever owns the principal is
presumed to be the owner of the
Contract of sale accession
separate and exclusive property of H
800k salary of Husband used husband Property Land is always the principal
reimburse CPG when CPG is dissolved and FC determine the value: higher value is
liquidated considered the Principal
improvement/H&L is the principal
Q: Can H sell the property without Ws
consent? Wife entitled to reimbursement of 1M
A: Yes. Obligation to reimburse only when upon liquidation of the CPG
CPG is dissolved and liquidated
(situation)
Land: exclusive property of W 1M
Nipa Hut 100k Sale act of dominion
W is the owner. W reimburse CPG of REM act of dominion
100k Lease act of admin, if it creates real
right lease for 5 years- act of
Reverse succession/accession dominion
Right of way easement recreates
- union of ownership: upon
real right
reimbursement partition and liquidation
Repair acts of admin
W can sell land prior to reimbursement
In case one spouse is declared as an
COMMON PROVISIONS absentee or legally incompetent, the
other spouse may file a petition for
H & W are considered joint owners judicial authorization as the
- neither is allowed to sell or dispose sole administrator
his or her undivided interest in the
ACP/CPG Judicial approval in case of
alienation or encumbrance: substitute to
Sale, disposition or encumbrance either the consent of the incompetent spouse
onerous or gratuitous requires consent:
- prior written consent (situation)
- written authority W negotiated for the sale of property
- subsequent written ratification Both H&W appeared before the notary
public
(examples) W changed her mind: withheld consent
H named and signed as vendor for the selling of the property
W with marital conformity & signed
W: filed an action to nullify the sale, no
If one cannot participate the other must written consent.
be empowered with a SPA, SPA attached SC: sale is void. No consent
to the deed
Note: if there is no showing that the wife
Subsequent ratification in writing is an absentee or legally incompetent
- Affidavit: attached to the deed of court approval is not necessary. Ws
sale consent cannot be substituted
Donations from CPG/ ACP (Article (situation)

125) W showed a purportedly SPA (spurious)
H was abroad
Neither spouse may donate any W able to alienate the property, sale was
conjugal partnership property without the consummated
consent of the other. However, either H: action to nullify the sale
spouse may, without the consent of the Buyer: relied on the SPA which was
other, make moderate donations from notarized
the conjugal partnership property for During negotiations, brother of H
charity or on occasions of family rejoicing intervend. Warned that H&W were
or family distress separated in fact
H&W are joint managers and
administrators Q: is the buyer a buyer in goodfaith?
- In case of dispute in the A: No. sale is void. There is sufficient
administration husbands decision will warning.
prevail
- only disagreement in the acts of
administration not in acts of dominion
CHARGES mere preservation is shouldered
by the CPG)
1. SUPPORT of the family
- Spouses 6. Expenses to enable either spouse to
- their common children commence or complete a professional,
- legitimate children of either spouse vocational, or other activity for self-
- the support of illegitimate children improvement
shall be governed by the provisions
on Support ADVANCES
Legal support food, clothing, 1. SUPPORT
education, medical attendance, - Illegitimate child
transportation - Other relatives of either spouse
Social support in keeping with the (parents)
social standing of the family
2. Payment of antenuptial debts of
2. All debts and obligations either spouse
contracted during the marriage by
the designated administrator-spouse charges if : insofar as they have
for the benefit of the CPG/ACP, or by redounded to the benefit of the family
both spouses or by one of them with
the consent of the other 3. Pecuniary fines and indemnities:
Liabilities incurred by either spouse by
Benefit need not be proven reason of a crime or quasi-delict
satisfied by the exclusive property,

3. Debts and obligations contracted by if insufficient or no exclusive ACP or
either spouse without the consent of
CPG
the other to the extent that the
family may have benefited 4. Value of what is donated or
promised by both spouses in favor of
Proof that the family benefit is
their common legitimate children for
necessary. ACP/CPG is liable only when the exclusive purpose of commencing
the family is benefitted
or completing a professional or
vocational course or other activity for
4. All taxes, liens, charges, and
self-improvement
expenses
5. Expenses of litigation between the
Property is ACP/CPG ACP/CPG
spouses unless the suit is found to
Property is exclusive owner spouse
groundless
is liable
suit between H&W: Losing spouse
5. Including major or minor repairs upon
Advances, winning - charges
the conjugal partnership property
Notes:
ACP both major and minor repair;
minor repairs for separate and Both spouses must be pleaded as
exclusive property defendants subject to any defense
CPG only major repairs for
conjugal property or for Spouses are solidary judgment
exclusive property used by the debtors: marital debt (not chargeable
family. If separate and exclusive against the exclusive property) ACP/CPG
property only minor repairs (for is liable.
If ACP or CPG is insufficient exclusive
property is liable marriage and property regime is
terminated
Q: can one spouse prevent the other from
selling or disposing his or her exclusive
and separate property when there is a PROCEDURE in LIQUIDATION
judgment against them? (article 129)
A: injunction will prosper. Considered as (1) An inventory shall be prepared

alienation of the property in fraud of
listing separately all the properties
creditors.
of the CPG and the exclusive
DISSOLUTION properties of each spouse
(2) Amounts advanced by the conjugal
1. Upon the death of either spouse
partnership in payment of personal debts
within 1 year from death and obligations of either spouse shall be
Surviving spouse must liquidate and credited to the conjugal partnership as an
partition the ACP or CPG asset thereof
- Petition for the (3) Each spouse shall be reimbursed for
liquidation/partition the use of his or her exclusive funds in
- Judicial settlement of the
the acquisition of property or for the
estate of the deceased spouse
value of his or her exclusive property, the
unless there is final partition:
ownership of which has been vested by
Surviving spouse cannot alienate
law in the conjugal partnership.
the property otherwise the sale is
VOID (4) The debts and obligations of the
conjugal partnership shall be paid
SS remarry without out of the conjugal assets. In case of
liquidation/partition insufficiency of said assets, the spouses
subsequent marriage is governed shall be solidarily liable for the unpaid
by CSP balance with their separate properties, in
accordance with the provisions of
Successive marriages paragraph (2) of Article 121.
Difficulty in determining what property
was acquire on that marriage (5) Whatever remains of the exclusive
properties of the spouses shall thereafter
HW1 (+) 10 years / 25 years be delivered to each of them.
HW2 (+) 10 years / 25 years *
(6) Unless the owner had been
30M
H (+) W3 5 years / 25 years indemnified from whatever source, the
estate loss or deterioration of movables used for
25 years the benefit of the family, belonging to
either spouse, even due to fortuitous
SC: ratio and proportion; determine event, shall be paid to said spouse from
the duration & value the conjugal funds, if any.
2. When there is a decree of legal (7) The net remainder of the conjugal
separation partnership properties shall constitute the
profits, which shall be divided equally
only property regime is terminated between husband and wife, unless a
not the marriage different proportion or division was
3. When the marriage is annulled or agreed upon in the marriage settlements
declared void or unless there has been a voluntary
waiver or forfeiture of such share as (4) ABANDONMENT: That the spouse of
provided in this Code. the petitioner has abandoned the latter
or failed to comply with his or her
(8) The presumptive legitimes of the
obligations to the family as provided for in
common children shall be delivered upon
Article 101;
the partition in accordance with Article
51. (5) ABUSE OF AUTHORITY: That the
spouse granted the power of
(9) In the partition of the properties, the
administration in the marriage
conjugal dwelling and the lot on which it
settlements has abused that power; and
is situated shall, unless otherwise agreed
upon by the parties, be adjudicated to the (6) That at the time of the petition, the
spouse with whom the majority of the spouses have been separated in fact
common children choose to remain. for at least one year and reconciliation is
Children below the age of seven years are highly improbable.
deemed to have chosen the mother,
* (1), (2) and (3) : the presentation of the
unless the court has decided otherwise. In
final judgment against the guilty or
case there is no such majority, the court
absent spouse shall be enough basis for
shall decide, taking into consideration the
the grant of the decree of judicial
best interests of said children.
separation of property
4. In case of judicial separation of
* CREDITORS of ACP/CPG + personal
property during the marriage
creditors of the spouse
Notes: Joint petition filed by both
listed in the petition
H&W : Spouses need not give the court
notified of the filing
any reason or explanation
court shall take measures to protect
In the absence of an express declaration the creditors and other persons with
in the marriage settlements, the pecuniary interest
separation of property between spouses
during the marriage shall not take place Separation of property has been
except by judicial order. decreed ACP/CPG shall be liquidated
* judicial separation pendency of the proceedings for
separation of property, ACP/CPG shall pay
- voluntary : no need to have
for the support of the spouses and their
explanation
children
joint petition
- involuntary: for sufficient cause. After dissolution = shall apply
petition for separation of property and
Sufficient cause for judicial
the final judgment granting the same
separation of property (Article 135)
shall be recorded in the proper local
(1) CIVIL INTERDICTION: That the civil registries and registries of
spouse of the petitioner has been property
sentenced to a penalty which carries with
The separation of property shall not
it civil interdiction;
prejudice the rights previously acquired
(2) ABSENCE: That the spouse of the by creditors
petitioner has been judicially declared an
REVIVAL OF THE PROPERTY REGIME
absentee;
(Article 141)
(3) That loss of parental authority of
the spouse of petitioner has been decreed
by the court;
- spouses may, in the same proceedings 2. Those to be retained as separated
where separation of property was properties of each spouse; and
decreed 3. The names of all their known
creditors, their addresses and the
file a motion for a decree amounts owing to each.
reviving the property regime that
existed between them before the Agreement of revival and the motion
separation of property for its approval shall be filed with the
court in the same proceeding for legal
GROUNDS: separation, with copies of both furnished
(1) When the civil interdiction terminates to the creditors named therein. After due
hearing, the court shall, in its order, take
(2) When the absentee spouse reappears measure to protect the interest of
creditors and such order shall be recorded
(3) When the court, being satisfied that
in the proper registries of properties.
the spouse granted the power of
administration in the marriage The recording of the ordering in the
settlements will not again abuse that registries of property shall not prejudice
power, authorizes the resumption of said any creditor not listed or not notified,
administration unless the debtor-spouse has sufficient
separate properties to satisfy the
(4) When the spouse who has left the
creditor's claim.
conjugal home without a decree of legal
separation resumes common life with the PETITION: SOLE ADMIN. OF THE
other; ACP/CPG
(5) When parental authority is judicially RTC/Family Court. Regardless of the
restored to the spouse previously value of the property
deprived thereof;
Article 142. The administration of all
(6) When the spouses who have classes of exclusive property of either
separated in fact for at least one year, spouse may be transferred by the court to
reconcile and resume common life; or the other spouse:
(7) When after voluntary dissolution of 1. When one spouse becomes the
the absolute community of property or guardian of the other;
conjugal partnership has been judicially 2. When one spouse is judicially
decreed upon the joint petition of the declared an absentee;
spouses, they agree to the revival of the 3. When one spouse is sentenced to a
former property regime. No voluntary penalty which carries with it civil
separation of property may thereafter be interdiction; or
granted. 4. When one spouse becomes a fugitive
from justice or is in hiding as an
The revival of the former property regime
accused in a criminal case.
shall be governed by Article 67.
If the other spouse is not qualified by
reason of incompetence, conflict of
interest, or any other just cause, the court
(Article 67) Agreement to revive the shall appoint a suitable person to be the
former property regime shall be executed administrator.
under oath and shall specify:
1. The properties to be contributed
anew to the restored regime; 3. COMPLETE SEPARATION OF
PROPERTY
1. Agreed upon by spouses in a valid governed by the rules on co-
marriage settlement ownership
Stipulate : present property In the absence of proof to the contrary,

Future property properties acquired while they lived
Both together shall be presumed to have been
Total obtained by their joint efforts, work or
Partial industry, and shall be owned by them in
property not separate: equal shares.
ACP
party who did not participate in the
2. Default regime: Subsequent marriage acquisition by the other party of any
always total property shall be deemed to have
contributed jointly in the acquisition
thereof if the former's efforts consisted in
Article 145 Each spouse shall own,
the care and maintenance of the family
dispose of, possess, administer and enjoy
and of the household.
his or her own separate estate, without
need of the consent of the other. To each Neither party can encumber or dispose by
spouse shall belong all earnings from his acts inter vivos of his or her share in the
or her profession, business or industry property acquired during cohabitation and
and all fruits, natural, industrial or civil, owned in common, without the consent
due or received during the marriage from of the other, until after the termination of
his or her separate property. their cohabitation.
Article 146. Both spouses shall bear the When only one of the parties to a void
family expenses in proportion to their marriage is in good faith, the share of the
income, or, in case of insufficiency or party in bad faith in the co-ownership
default thereof, to the current market shall be forfeited in favor of their common
value of their separate properties. children. In case of default of or waiver by
any or all of the common children or their
The liabilities of the spouses to creditors
descendants, each vacant share shall
for family expenses shall, however, be
belong to the respective surviving
solidary.
descendants. In the absence of
descendants, such share shall belong to
the innocent party. In all cases, the
forfeiture shall take place upon
PROPERTY REGIME: termination of the cohabitation.
Unions Without Marriage Article 148.

Void Marriage - NOT capacitated to marry (adultery,
concubinage, same sex, minority,
Article 147 bigamous, incestuous, polygamous)
- man and a woman are capacitated to - only the properties acquired by both
marry each other of the parties through their actual
- live exclusively with each other as joint contribution of money, property,
H&W or industry shall be owned by them in
- without the benefit of marriage or common in proportion to their
under a void marriage respective contributions.
- wages and salaries shall be owned by - In the absence of proof to the
them in equal shares and the contrary, their contributions and
property acquired by both of them corresponding shares are presumed
through their work or industry shall be to be equal. The same rule and
presumption shall apply to joint 3. breach of promise to marry -not an
deposits of money and evidences of actionable wrong.
credit.
4. 3 months fetus - can claim for support
If one of the parties is validly married to will prosper, for all purposes favorable to
another, his or her share in the co- unborn...
ownership shall accrue to the absolute
community or conjugal partnership 5. unregistered marriage not VOID
existing in such valid marriage. If the - with all formal and essential
party who acted in bad faith is not validly requisites, not impair the validity of
married to another, his or her shall be marriage
forfeited in the manner provided in the
last paragraph of the preceding Article. 6. brother of the father of her mother -
quasi incestuous : within 4th degree
The foregoing rules on forfeiture shall
likewise apply even if both parties are in 7. parental consent in marriage and
both faith parental consent in contract
Note: law does not presumed co- 8. debtor-creditor before marriage - loan
ownership, proof as to how much not extinguished. ante nuptial debts not
was actually contributed. chargeable against the ACP, advanced
reimbursed. Right to collect ACP, not
No proof presumed equal chargeable to the ACP
9. CSP- still prohibited from donating to

each other, protect creditors
10. donated 1M to the unborn - qualify as

to the intra-uterine life of the fetus
less than not lived 24hrs - void lack of
donee
11. grandmother and grandchildren died

in calamity - qualify Art43
if proven - ordinary succession
if not - presumed to have died at the
same time , nether can transmit
successional rights in favor of the other.
12. Born in Baguio, married to American,

divorced, returned to Baguio. lack
residency
No manifest intent to remove the domicile
of origin, animus revertendi, manendi,
QUIZ answers abandonment
1. after 15 days following the completion 13. Kate Filipino woman, married to Joan
of publication - 1st day must be excluded - not recognized in the Phils
last day included. 16th day same sex marriage - void not given legal
effect
2. married in Australia at 17 - legal status
lex nationalis 14. Petition will not prosper- purely
personal
marriage solemnized in 2015 - purely MIXED MARRIAGE
personal EXC settlement of estate may
raise validity of marriage Constitutional Prohibition: Alien are
affidavit of cohabitation : cohabitation not allowed to own lands in the PH
and no legal impediment: coincide if not - alien spouse cannot be entitled to any
there must be a marriage license right, interest or share in parcels of land
even if acquired during the marriage
15. Bigamy. 1st & 2nd marriage must be
ostensibly valid marriage - alien spouse has no legal right to
1st marriage ostensibly invalid marriage prevent the Filipino spouse from selling,
alienating or encumbering the land.
16. Cannot compel even by court order
.Live together - personal if the state will allow the Alien
deny support, petition for legal spouse to intervene thru injunction it
separation, damages, administration of will be tantamount to giving him the
the property right over the land
17. donation propter nuptias - Donor H - Marriage is dissolved and property

died. Parents want to revoke- cannot relations is terminated and partitioned =
revoke the donation. donation perfected alien spouse cannot be entitle to the cash
from acceptance of the donee equivalent if the land
action for revocation by the donor
automatically revoked if in marriage German H Fil Spouse.
settlement - property in Germany inherited by H
- sold property in Germany
18. no prior written consent, ratification... - brought cash proceeds in the Phils
of the other spouse. Sale is void - bought several parcels of land
using the proceeds of the sale
19. estoppel cannot operate to cure the - marriage ended.
void sale.
chargeable to the ACP? although the money used for buying
are his money, constitutional ban still
20. jewelry pawned by wife for the TF of prevails. Cash equivalent still not
the wife allowed. Circumvention of the law.
jewelry - part ACP, sale,alienation and Property registered in the name of the
encumbrance : H can question Filipino spouse alone. Thus, shows Bad
faith in the part of the H.

REMEDY of the Alien Spouse:
- form a Corporation
- Condominium units
- lease
- assets all in cash
Correlate with Foreign investments act

5000 sq.m - urban
3 hectares rural
FAMILY HOME
- constituted jointly by the husband
and the wife or by an unmarried
head of a family, is the dwelling
house where they and their family
reside, and the land on which it is
situated (Article 152)
CONSTITUTED by: material for the construction of the
jointly by H and W building.
part of the ACP or CPG
unless benefits not automatic
1. excluded by a valid MS
2. agreement by the spouses - must be invoke expressly
constituted in a separate property - before a writ of execution is issued
- within a reasonable time from said
single or unmarried person, head of the issuance of the writ of execution.
family - prior to or at the time of the levy
- after execution sale- until such time
Article 153. The family home is deemed that title has not yet passed, invoked
constituted on a house and lot from the within. reasonable time
time it is occupied as a family residence.
From the time of its constitution and so When?
long as any of its beneficiaries actually - from the moment it is occupied and
resides therein, the family home used as the family residence
continues to be such and is exempt from - only one FH may be enjoyed under
execution, forced sale or attachment the law
except as hereinafter provided and to the
extent of the value allowed by law - retroactive application: occupied as
residence, automatically declared as
BENEFICIARIES OF THE FH Article 154 a FH upon the effectivity of the FC
1. OWNERS: husband and wife, or an
unmarried person who is the head of a How?
family; and JUDICIAL constitution
EXTRAJUDICIAL - affidavit of
2. Their parents, ascendants, constitution with the register of
descendants, brothers and sisters, Deed
whether the relationship be legitimate or
illegitimate, who are living in the family Loan before Aug. 3 1988- prior to
home and who depend upon the head of constitution not enjoy the benefits
the family for legal support
UNTIL WHEN?
Benefits of the FH as long as - ceases to be occupied as such
occupied as such - upon death of the owner or owners
Article 161 only 1 FH + 10years
Article 159. The family home shall

Article 155. The family home shall be
continue despite the death of one or both
exempt from execution, forced sale spouses or of the unmarried head of the
or attachment family for a period of ten years or for as
long as there is a minor beneficiary,
EXC: and the heirs cannot partition the same
unless the court finds compelling reasons
(1)For nonpayment of taxes; therefor. This rule shall apply regardless of
(2)For debts incurred prior to the whoever owns the property or constituted
constitution of the family home; the family home.
(3)For debts secured by mortgages on
the premises before or after such - As long as a minor beneficiary resides
constitution; and therein
(4)For debts due to laborers,
mechanics, architects, builders, FH should not be partitioned, not included
materialmen and others who have in the settlement of the estate
rendered service or furnished
HW
- all children living with parents, The proceeds shall be applied first to the
already married and have their own amount mentioned in Article 157, and then to
children the liabilities under the judgment and the
- debts claimed by creditor costs. The excess, if any, shall be delivered to
- affirmed by the court the judgment debtor.
SC: minor children in the FH at the time

of execution not beneficiaries, mere
grandchildren, their own parents are the
ones principally liable for their support
included beneficiaries of beneficiaries,
they merely inherited the home not
constituted it
remedy: partition it first. Then
constitute it FAMILY
Beneficiaries - dependent from the Article XV: The Family

owners for support Section 1. The state recognizes the
Filipino family as the foundation of the
Article 157 - actual value of the family home nation. Accordingly, it shall strengthen its
shall not exceed, at the time of its solidarity and actively promote its total
constitution, the amount of the 3ook pesos in development
urban areas, and 200k pesos in rural areas, or
such amounts as may hereafter be fixed by Section 3. The State shall defend:
law. 1. The right of spouses to found family
in accordance with their religious
Article 158. The family home may be sold, convictions and demands of
alienated, donated, assigned or encumbered responsible parenthood
by the owner or owners thereof with the 2. The children to assistance, including
written consent of the person constituting the proper care and nutrition, and
same, the latter's spouse, and a majority of
special protection from all forms of
the beneficiaries of legal age. In case of
neglect, abuse, cruelty, exploitation
conflict, the court shall decide.
and other conditions prejudicial to
Article 160. When a creditor whose claims is their development
not among those mentioned in Article 155 3. The right of the family to a living
obtains a judgment in his favor, and he has wage and income
reasonable grounds to believe that the family 4. The right of families or family
home is actually worth more than the associations to participate in the
maximum amount fixed in Article 157, he may planning and implementation of
apply to the court which rendered the policies and programs that affect
judgment for an order directing the sale of the them.
property under execution. The court shall so
order if it finds that the actual value of the Article 149. The family, being the
family home exceeds the maximum amount foundation of the nation, is a basic social
allowed by law as of the time of its institution which public policy cherishes
constitution. If the increased actual value and protects. Consequently, family
exceeds the maximum allowed in Article 157
relations are governed by law and no
and results from subsequent voluntary
improvements introduced by the person or
custom, practice or agreement
persons constituting the family home, by the destructive of the family shall be
owner or owners of the property, or by any of recognized or given effect.
the beneficiaries, the same rule and
Family relations include those:
procedure shall apply.
Article 150
At the execution sale, no bid below the value
allowed for a family home shall be considered.
1. Between husband and wife first - controversy relates to civil status of
relative by affinity a person (action for compulsory
recognition of legitimate or
2. Between parents and children illegitimate, action. to impugn
(ascendants and descendant) legitimacy
- issues as to validity of marriage,
3. Among brothers and sisters,
ground for legal separation
whether of the full or halfblood,
- future legitime or inheritance
legitimate or illegitimate
- future support
- jurisdiction of court (prescribed by
Suit between family members
law)
- when a third person is included in
No suit between members of the
the suit whether as a plaintiff or
same family shall prosper unless it should
defendant
appear from the verified complaint or
petition that earnest efforts toward a Requirement under Article 151 is met
compromise have been made, but that in the ff:
the same have failed. If it is shown that - conciliation with the Lupon
no such efforts were in fact made, the - PMC
same case must be dismissed. (Article
151) PATERNITY AND FILIATION
- failure to allege, justifies dismissal MATERNITY - civil status of a woman vis-
whether on motion or motu proprio a-vis her child (whether legitimate or
illegitimate)
rationale:
- there is nothing more tragic that PATERNITY - civil status of man with
the scenario that members of the regard to his child (whether legitimate or
family are the ones in litigation illegitimate)
Art 20 RPC Accessories who are FILIATION- civil status of the child vis-a-
exempt from criminal liability vis mother or father
penalties prescribed for accessories shall - Natural: legitimate, legitimated or
not be imposed upon those who are such illegitimate
with respect to their spouses, ascendants, - Artificial: formal adoption
descendants, legitimate, natural and
adopted brothers and sisters, or relatives Article 163. The filiation of children may
by affinity within the same degrees. be by nature or by adoption. Natural
filiation may be legitimate or illegitimate.
Art 332 RPC in crimes of theft,
malicious mischief and swindling- if the LEGITIMATE
offender is the spouse, ascendants or
descendants, or if the offender is a sister
or brother-in-law of the offended party Article 164. Children conceived or
and they are living together. born during the marriage of the parents
are legitimate.
Filial privilege rule under Rules of
Evidence no person may be compelled Children conceived as a result of artificial
to testify against his parents, other direct insemination of the wife with the sperm of
descendant, children or other direct the husband or that of a donor or both are
descendant. likewise legitimate children of the
husband and his wife, provided, that both
Note: No such requirement is imposed of them authorized or ratified such
when compromise agreement is insemination in a written instrument
prohibited executed and signed by them before the
birth of the child. The instrument shall be
recorded in the civil registry together with determine first the date of birth, and
the birth certificate of the child. go back 300 days, 1st day of conception
- prove that during the 120day
marriage - must be valid period- no conception
conception- even artificial
insemination 120 day period - conception
- H permanent or provisional
- address situation when wife or impotency, there must be medical
husband is facing fertility challenges proof,
- donor of sperm (stranger) - written - serious disease
consent or ratification, registered at
the time of the birth of the birth the SC: Tuberculosis not render the
child , DONOR no parental claim over patient incapable in engaging into
the biological offspring sexual intercourse
United States H&W are living separately

traditional surrogacy
gestational surrogacy- sperm and SC: live separately. sexual relation
egg: implanted in a other woman's with another man. wife - gave birth. H
uterus impugn the legitimacy.
W - pampanga
Surrogacy - embraced in artificial H - cavite, but visits
insemination
Surrogate - demands remuneration. not eliminate the possibility that they
Considered as an ordinary transaction engaged into sexual intercourse
between the surrogate and the spouses
2. That it is proved that for biological or
LEGITIMATE CHILDREN - enjoy status other scientific reasons, the child
from the moment of conception, until could not have been that of the
such time that a judgment is rendered husband, except in the instance
stripping them of their legitimacy in an provided in the second paragraph of
action to impugn Article 164 artificial insemination
sperm donor
ACTION TO IMPUGN- divest the
legitimate child of the legitimate status... DNA evidence = 99.9% disputable
presumption in favor of the child, H.
GROUNDS Art 166: putative father show otherwise.
1. That it was physically impossible for - less than 99.9 mere corroborative
the husband to have sexual evidence
intercourse with his wife within the - no match between the child and
first 120 days of the 300 days putative father = conclusive proof, no
which immediately preceded the paternity
birth of the child because of:
"W" population base
a. the physical incapacity of the test results subjected to Vallejo
husband to have sexual Test/guidelines before the court will give
intercourse with his wife; weight and probative value:
b. the fact that the husband and wife - how samples were collected (both
were living separately in such a the evidence and reference)
way that sexual intercourse was - how they are handled
not possible; or - possibility of contamination
c. serious illness of the husband, - preservation
which absolutely prevented sexual - standard protocols are followed
intercourse procedure in analyzing/conducting
of the test
- competence and expertise of the within 300 days after termination
persons who conducted the test of the former marriage
Blood Grouping Test- if no match, (Article 168)
conclusive as to no paternity
RULES:
Bring child and Father to court- Physical
(1) BEFORE 180 days, within 300
resemblance
days: child born before 180 days after
3. That in case of children conceived the solemnization of the subsequent
through artificial insemination, the marriage is considered to have been
written authorization or ratification of conceived during the former marriage,
either parent was obtained through provided it be born within 300 days after
mistake, fraud, violence, intimidation, the termination of the former marriage
or undue influence.
(2) AFTER 180 days even if within 300
consent only necessary if it is a days: child born after 180 days following
stranger who owns the genetic material the celebration of the subsequent
marriage is considered to have been
Action to impugn filed only within conceived during such marriage, even
1year - same city or municipality though it be born within the 300 days
where birth took place or was after the termination of the former
recorded marriage.
2years - different city or
Notes:
municipality in the Philippines
- determine the date of termination of
3 years - if one is abroad the prior marriage,
- determine the date of the
Counted from: knowledge of the birth or subsequent marriage, from said
its recording in the civil register date, count 180 days
- from date of termination of martiage
Who may file? Husband, or in proper case count 300 days
any of his heirs (H died heirs and wife
may continue) legitimacy not in doubt but the
Question is whose legitimate child?
Note: If the birth of the child has been
- if during the 180 day period,
concealed from or was unknown to the
within the 300 days, child of
husband or his heirs, the period shall be
the first marriage. if 1st H died,
counted from the discovery or knowledge
child is a posthumous child
of the birth of the child or of the fact of
- born after the 180 days - child
registration of said birth, whichever is
of 2nd
earlier.
Born after 300 days: legitimacy or
Article 167. The child shall be
illegitimacy of a child born after three
considered legitimate although the
hundred days following the
mother may have declared against its
termination of the marriage shall be
legitimacy or may have been sentenced
proved by whoever alleges such
as an adulteress
legitimacy or illegitimacy (Article
169)
dismissed - legitimate child of H&W
granted - not a child at all of the
Child conceived during remarriage ,
husband, illegitimate child if the wife
contracted within the 300 day period -
child born prior to the laps of 180 day
Marriage was terminated Mother
period = legit child of prior
contracted another marriage - child born after the 180 day period
= legit child of 2nd marriage,
whether within or beyond the 300
day period Final judgment may arise from the ff:
- mere disputable presumption. - action to impugn legitimacy which
contrary evidence may be allowed was dismissed
such as DNA - action for compulsory recognition
which was granted (2nd one barred
- terminated marriage and there is by res judicata)
no remarriage. born after the 300 - settlement of estate proceeding -
day period. neither Legitimate nor filiation intrinsically linked with the
illegitimate. capacity as an heir
- action for nullification of marriage
no presumption of legitimacy or which was dismissed; if granted
illegitimacy based on Art 36 and art 35 (6) in
rel to art 53-54
child born or conceived during 3. authentic writing: admission of

marriage - legitimacy is repudiated legitimate filiation in a public
Child right to file an action for document or a private handwritten
compulsory recognition as instrument and signed by the parent
legitimate child concerned
- public document: sworn affidavit
PROOF OF FILIATION - private : letters
PRIMARY EVIDENCE (Article 172) must contain express acknowledgment

of paternity and filiation. usual salutary
1. record of birth appearing in the greetings : NOT considered
civil register (not baptismal acknowledgment and
certificate) must be signed by the putative parent
Notes: (text message/email : digital signature)

- name of the mother and father and
personal circumstances complete = last will and testament qualifies as an
- date time and place of marriage of authentic writing even if last will was
the parents disallowed for probate & marriage
- birth cert duly issued by the LCR or settlement even if invalidated
the latter's representative, if the
same is issued by one who does primary = conclusive proof of filiation and
not have authority - not a proof at paternity. no necessity of judicial
all confirmation. if there is judicial
confirmation = mere confirmation
Fictitious or simulated birth
certificate - registered the child and SECONDARY EVIDENCE
making it appear that it is their 1. open and continuous possession
child. not a proof of legitimate of the status of a legitimate child
filiation - Refers to acts that can only be
done by the parents such as
Impossible for the wife to have allowing the child to use the
surname. Introducing the child as
given birth at the age of 56. Child
his or her own
registered by biological mother in
- Continuous not intermittent
the name of her employer. not
probative of any filiation
2. other means under the rules of court
or special laws
2. Final judgment declaring the child
- other writings, proof of family
to be legitimate
reputation - proof of presumption of
marriage (man and woman publicly 4. To be entitled to the legitimate
deport themselves as husband and and other successional rights
wife and there is no proof to the - Inherit from both the paternal and
contrary. presumption of marriage - maternal relatives
presumption of legitimate child) , - primary forced heirs - entitled to
proof of genealogy, DNA and other payment of inheritance before any
scientific method other shall be paid.
Q: why mere secondary? Filiation is not 5. right to represent and be

concluded, merely presumed, represented
presumption is disputable, thus H can
present evidence to overcome the
presumption ILLEGITIMATE CHILDREN
if action is dismissed - no relationship 2 kinds

between the plaintiff and defendant 1. born or conceived outside of
wedlock
RIGHTS OF LEGITIMATE CHILDREN
distinguish:
1. Right to a complete name - parents who are capacitated to
- 3 parts : first or given name marry each other at the time of
- last oar is the surname: surname of conception of the child: may be
the father of the child. Rule is subject to legitimation.
mandatory. legit children no right - parents who are incapacitated:
to choose- imposed by law. petition raise illegitimate status thru
for change. adoption.
- middle name: cultural, middle
initial - indicative of the maternal 2. born and conceived during
lineage. VOID marriage
- void marriage. art 35 par 1, 2,3, 4,5
In re Julian Huang. Delete the middle - article 37, 38, art 44
name- SC improper. They are in
Singapore and study there - admin at the time of birth of illegitimate
confusion. Delete for their children only one known parent-
convenience. SC. cannot be done. mother
deletion would give rise to confusion
that the child is illegitimate create filiation between the
illegitimate and the putative father.
2. Right to demand support from child must have been recognized
both parents and other by the father thru voluntary or
relatives. compulsory means
- goes beyond the age of majority
- mother or father cannot privide. in case the filiation of the child is
can demand support from repudiated by the father - action for
ascendants, broSis compulsory recognition - same proof
3. minor- under parental authority if proof is record of birth - must be

and legal custody of both signed by the putative father, to show
parents that the father participated in the
- in case of conflict: resolved based registration or preparation of the birth
on the standard that no child below certificate of the child. Affidavit of
7 can be separated from the acknowledgment at the back.
mother... - no date time and place of marriage
of parents
- unrecognized: name and personal - how? defendant must prove that he
circumstances left blank or unsigned. was impotent around the time that
- birth cert irregularly executed- not the child was conceived or mother
proof of illegit filiation (unilateral act of the child had multiple sexual
of the mother in writing the name of partners or other sexual relp with
the father) other men at the time the child was
- paramour- bf provides support and conceived.
accompany in the hospital. bf filled
out the birthcert and stated as ACTION FOR COMPULSORY
informant. no signature at the back. RECOGNITION
actively participated.
Article 173. The action to claim
- letters not qualify as authentic legitimacy may be brought by the child
writing, contents show that they are during his or her lifetime and shall be
ordinary greetings. ending salutation transmitted to the heirs should the child
your father is not an admission of die during minority or in a state of
paternity insanity. In these cases, the heirs shall
have a period of five years within which
Nepumoceno - compromise agreement to institute the action
for support. Between a man and
mother of minor illegitimate child. primary evidence/secondary -
Signed by both parties. legitimacy : filed during the lifetime of the
payor/man will give monthly cash child
allowance, school expense, medical - may be initiated by the child vs.
and emergency needs and tf = putative parent
judicially approved. - child vs. heirs of the putative
- man started not to give. patent.
compulsory recognition
Note: action not barred by the
SC: Compromise agreement is not death of the child, die (during
admissible as evidence of filiation. insanity or minority) may be
- no express acknowledgment of initiated or continued by the heirs
paternity. of the child, who must act within
- agreement is mere proof of 5years from death.
contractual support and not
illegitimate filiation. - heirs of the child vs. putative
- letter admitted illicit relationship parents
but not admitted paternity - heirs of the child vs. heirs of the
putative parents
Note: open and continuous - not
clandestine, not intermittent ACTION FOR ACKNOWLEDGEMNT AS
AN ILLEGITIMATE CHILD
Founded on primary evidence:
same rules with legitimacy. lifetime
In case of illegitimate child, mother of the child even if putative parent
alleges in the petition that she had sex already died
intercourse with the defendant and Proof is secondary: lifetime of
the child was conceived during such the putative parent. To afford the
sexual relationship = disputable putative father to refute the
presumption of illegitimacy. evidence - purely personal not
- legal disputable presumption of survive after death.
paternity. putative father has the - child vs. putative father
burden of proof that he is not the - heirs of child vs. putative
father father
obiter in the case of ong vs. heirs
- as long as there is a DNA evidence, 1. Right to a complete name: entitled
action is not barred despite the death to 2 parts of their name: given
of the putative father; as long as there name, surname - surname of the
are available DNA samples or material. mother
public policy: Legitimacy over Pedra G. Santos

Illegitimacy Pedrita Santos
Legitimate children not allowed to
impugn their own legit status illegit child can have a complete
three part name if acknowledged or
Dizon vs. CA - born during the recognized by the father. Birth
marriage of mother and H, another certificate when duly signed and
married man acknowledged the two filed with the LCR
children as his illegitimate children. 2
children intervened to inherit - affidavit of acknowledgemnt and
becauase they are acknowledged. consent executed by the f and
SC: no right to intervene tantamount submitted to the LCr who must put
to impugning their legit status. it in the recird and must issue and
Husband of the mother conclusively amended birth cert.
presumed legitimate children of the H. - right conferred upon the child. if
public policy. minor by the mother. inherent on
the child.
Concepcion vs. CA- - use by the child of the fathers
surname is optional. option may be
W married to H1 separated in fact
exercised by the child after he or
W married another, gave birth to X
she reaches the age if majority, or
H2 vs. W bigamous marriage-
upon express written consent of
granted sole and exclusive custody of the
the mother of the minor
child given to the mother
MR- H2 is the father of the child
2. SUPPORT from the known and
under the birth certificate. Joint custody
recognizing parent
or visitation right
3. minor illegitimate under the
SC: none of the claims should be granted.
parental authority and custody
H2 not at all related to the child.
of the mother even if recognized
public policy: legitimate child of the
by the father
1st valid marriage. To declare the
child as illegit child of the 2nd
Note: 7 years old threshold not material if
marriage- downgrade his status.
the child is illegitimate. Acknowledgment
Violate public policy.
obliges man to support the child but not
custody.
(situation)
HW
strip the mother of custody - petition
A & B legitiamte children
for termination of parental
authority
HGF
X illegitimate child of GF
4. SUCCESSIONAL RIGHTS:
H must acknowledge X
illegitimate children inherit from
mother, to inherit from father
BFW
filiation must be proved. Subject to
Y legit child of HW
iron barrier rule cannot inherit ab
intestato from the legitimate
relative of the father.
RIGHTS OF ILLEGITIMATE CHILDREN
1/2 of the share of the illegitimate legitimate filiation not biologically
related
LEGITIMATION - Pd 603 adoption laws shifted. Serve
the best interest and welfare of the
- fictive process whereby a child who child. place children in loving
was born illegitimate is raised to homes
the status of legitimacy - filiation arising from adoption
- confers upon the child all rights always legitimate
and obligations of legitimate - domestic or inter-country
children
- takes place by operation of law: simulation of birth - felony
concurrence of conditions
A. DOMESTIC ADOPTION - purely
1. Illegitimate child conceived between judicial
parents who are free to marry each - petition for adoption filed in PH
other at the time of conception. not RA 8552
suffering from any legal impediment
only legal impediment of parents is WHO MAY ADOPT?
minority 1. Any Filipino citizen
- In possession of full civil capacity
2. parents must subsequently contract and legal rights
valid marriage with one another, it - at least 18 years of age
does not matter how much time - good moral character
elapsed between the first and - not convicted of any crime
second condition. involving moral turpitude
- legitimation retroacts to the date - emotionally and psychologically
of of birth of the child. capable of caring children
- legitimation can happen if the - in position to support and care for
child died prior to the second his/her children in keeping with the
condition. means of the family
financially capable of support the
(situation) child
- petitioner must at least be 16 year
GF BF older than the adoptee, unless the
A: date of birth 2001 adopter is the biological parent of
Date of Marriage between parents 2010 the adoptee or is the spouse of the
Legitimation retroacts to the birth adoptees parent (step parent)
2015: subsequent marriage is nullified- 2. Aliens

effects of legitimation is reversed - Same qualifications
- His/her country has diplomatic
Thus, the child is restored to illegitimate relations with the Republic of the
status. EXC if the basis of nullity is Art 36 Phils.
- Has been living in the Philippines
Whoever is affected by legitimation for at least 3 continuous years prior
may question the same to the filing of the application for
other legitimate children adoption and maintains such
residence until the adoption decree
(maam)note: should bf acknowledge A as is entered
his illegitimate child? - Has been certified by his/her
diplomatic or consular office or any
ADOPTION appropriate government agency
that he/she has the legal capacity
means by which artificial filiation to adopt in his/her country
may be established. establish
- His/her government allows the Q: single unmarried? YES
adoptee to enter his/her country as Q: 2 single unmarried? Cannot file joint
his/her adopted son/daughter petition only H&W
Q: same sex couple adopt jointly? NO.
Residency requirement may be Remedy - only one of them will adopt.
waived: other cannot exercise parental authority.
- Former Fil citizen who seeks to
adopt a relative within th 4th degree WHO MAY BE ADOPTED
of consanguinity or affinity (a) GR: only minors (below 18 years old)
- One who seeks to adopt the administratively or judicially
legitimate child oh his/her declared available for adoption
Fil.Spouse
- One who is married to a Filipino child legally available for
citizen and seeks to adopt jointly adoption child who has been
with his/her spouse a relative voluntarily or involuntarily
withiong the 4th degree of committed to the DSWD or to a
consanguinity or affinity of the Fil duly licensed and accredited child
spouse placing or child-caring agency,
freed of parental authority of
3. Guardian with respect to the ward his/her biological parents or
may also adopt after the termination guardian or adopters in case of
of the guardianship and clearance of rescission of adoption.
his or her financial accountabilities.
Voluntarily Committed child
Notes: accountabilities of the whose parents knowingly and
guardianship was approved by the willingly relinquishes parental
court. No pending obligations authority to the DSWD
H&W petition jointly Involuntarily Committed

EXC: one whose parents, known or
1. One spouse seeks yo adopt the unknown, has been permanently or
legitimate son/daughter of the judicially deprived of parental
other authority due to abandonment;
2. One spouse seeks to adopt substantial, continuous or repeated
his/her own illegitimate child: neglect; abuse; or incompetence to
Provided, the other spouse discharge parental responsibilities.
signified his consent
3. Spouses are legally separated Abandoned Child one who
has no proper parental care or
In re Michelle and Michael Lim : guardianship or whose parents has
H&W separated deserted him/her for a period of at
W filed the petition alone, consent in least 6 continuous months and has
writing. been declared as such
SC: petition should be dismissed. Notes:

joint petition- jurisdictional. Secretary of DSWD can issue an
Case: order for such purpose thru the
- no proof of that spouses were regional directors
legally separated abandoned, neglected, abused or
- no proof that the children are foundlings
among those enumerated. those covered by the foster care
- mere consent will not cure the act
jurisdictional defect that attended those whose biological or adoptive
the commencement of the case
parents have died. no adoption for
the first 6 months from death of child for adoption before the
the parents decision become irrevocable.
rescinded 3. Spouse of the adopter.
all other minors that the SSDW may 4. spouse of the adoptee if any
include 5. Legitimate, illegitimate or
illegitimate child of the adopter
Foundling deserted or abandoned or adoptee, 10 years of age
infant or a child found. With parents, and over.
guardian or relatives being unknown, or 6. SSWD proper government
child committed in an orphanage or instrumentality 9which has
charitable, or similar institution with legal custody of the child)
unknown facts of birth and parentage and
registered in the Civil Register as Note: failure to obtain consent will not
foundling. prevent the decree of adoption, court will
resolve the objection, if the adoption is
(b) legitimate child of one spouse by the for the best interest of the child, court will
other spouse grant
(c) illegitimate child by a qualified COURT ORDER THE FF:

adopter to improve his/her status to that - HOME INVESTIGATION/ HOME
of legitimacy STUDY REPORT - conducted by the
social worker as to the home
(d) any person of legal age if prior to the environment of the adopters and
adoption, said person has been child study report- circumstances of
consistently considered and treated by the child an the family. procurement
petitioner as his or her child since if certificate of live birth of the child
minority if unregistered
Study of the motivation and
(e) child whose adoption has been capacity of the prospective
previously rescinded adoptive parents to provide a
home that meets the needs of
(f) child whose biological or adoptive the child
parent has died. Provided, that no
proceedings shall be initiated within 6 - SUPERVISED TRIAL CUSTODY:
months from the death of said parents. allow the adopter and adoptee to
live together to develop bonding as
2 schools of thought: (stepchild?) parent and child, 6months unless
a. they may be adopted only during court provides.
their minority to comply with the Period duing which a social
GR worker oversees the adjustment
b. they may be adopted even beyond and emotional readiness of both
the age of majority, because of the the adopting parents and
purpose of adoption adopted child in stabilizing their
filial relationship
REQUIREMENTS
Whose consent is necessary to - if under the foster acre of the
the adoption adopter - court may dispensed the
1. adoptee, if 10 yrs. Of age or supervised trial custody.
over
2. biological parents if known. DECREE OF ADOPTION
They are given a period of 6 - Issuance not prevented by the
months for them to reconsider supervening death of petitioner.
any decision to relinquish his Benefit the child: successional rights
- if the child dies: no benefit?
After publication of the order or the obiter in the case of in re
hearing, and no opposition has been Stephanie.
interposed to the petition, after - parental authority vested to the
consideration of the case studies, adopters. not the biological parents
qualifications of adopters, trial
custody report and the evidence e. Adopted child shall use the
submitted petitioners are qualified surname of the adopter. show
to adopt and that the adoption would parent and child relationship
redound to the best interest of the
adoptee Decree of adoption shall Q:name of adoptee ? original.
be entered: effective as of the date may be changed.
the original petition was filed
In re Stephanie Astorga: child even
LEGAL EFFECTS OF DECREE after adoption - may continue using
Sec 16,17,18 the surname of biological mother as
a. PARENTAL AUTHORITY. Except in her middle name. No law prohibiting it.
cases where the biological parent is Middle name customarily used to
the spouse the adopter, all legal determine the maternal lineage.
ties between the biological
parent and the adoptee shall be Q: adopter cannot support the child, can
severed, the same shall be vested the child demand support from the
to the adopters. biological?
b. LEGITIMACY. adopted child A: no barrier. ? Severance of ties
considered as legitimate child of
the adopter, entitled to all rights Q: kidnapping committed by own parent?
and obligations provided by law to A: parent who is the legal guardian
legitimate children born to them cannot kidnap. the biological parent
without any discrimination. however can kidnap the child.
c. both of them are mutually and in case of severance of parental authority.

reciprocally obligated to support guardianship over the person and
each other property conferred to the adopting
Entitled to love, guidance and parent.
support in keeping with the means property of the adoptee -
of the family (Section 17)
records of adoption kept confidential. no
d. SUCCESSION. Legal and intestate unauthorized disclosure - criminal liability.
succession, the adopter and adoptee Q: published?
shall have reciprocal rights of
succession without distinction from Until when shall the effects of
legitimate filiation. However, if the adoption last
adoptee and his/her biological - lifetime of either
parents had left a will, the law on - until the decree is rescinded
testamentary succession shall
govern. RESCISSION
- right exclusive to the adoptee (with
Notes: Mutual and reciprocal rights to the assistance of the DSWD if a
inherit. Adoptee is considered a primary minor or if over 18 but is
compulsory heir. adopted child cannot incapacitated/ guardian)
represent and cannot be represented. - Adoption being in the best interest
of the child, shall not be subject to
- terminate or extinguish all legal rescission by the adopter.
ties. biological parents and adoptee adopter may disinherit the
- can inherit to each other thru adoptee.
testamentary succession. subj to
GROUNDS is undertaken, and the decree of
1. repeated physical or verbal adoption is issued outside the Phils.
maltreatment
2. attempt against the life Child below 15 years of age
3. sexual assault or violence
4. abandonment or failure to comply Matching judicious pairing of the
with parental obligations adoptive child and the applicant to
promote a mutually satisfying parent-
EFFECTS OF RESCISSION: child relationship
- the parental authority of the
adoptees biological parents, if Inter-Country Adoption Board Act as
known, or the legal custody of the the central authority in matters relating
DSWD sah be restored (adoptee to inter0country adoption. Act as policy
minor or incapacitated) making body for purposes of carruing out
- reciprocal rights and obligations of the provisions of the act
the adopter and the adoptee to
each other shall be extinguished Who may adopt? Alien of Filipino citizen
- rescission- complete severance if permanently residing abroad.
legal relationship including - At least 27 years old and at least
succession 16 years older than the adoptee.
- Court order the LCR to cancel the Unless, the adopter is the parent
amended birth certificate, restore by nature of the adoptee or the
his/her original birth certificate spouse of the adopter
- Succession rights shall revert to its - Married: jointly file
status prior to the adoption, but only - Has the capacity to assume all rights
as of date of judgment of judicial and responsibilities of PA under his
rescission. Vested rights acquired national alws and has undergone
prior to rescission shall be respected. appropriate counseling from
accredited counselor in his/her country
Child X was adopted adopted, - Not convicted of a crime involving
adopting parent died, child physically moral turpitude
restored to the custody of biological - Eligible to adopt under his/her national
parent, X became a doctor X died - law
death benefits claimed by biological - In position to provide proper care and
parent . support abd to give the necessary
SC: should be paid the death benefits. moral values and example to all his
Should the adopting parent died during children
minority of the child: - Agrees to uphold yhe basic rights of
adoption decree automatically the child as embodied under PH laws,
rescinded UN convention on the rights of the
Child is restored to the biological child, and to abide to the IRR
parents. Effects necessary on - Country: PH has diplomatic relations
grounds of public policy - child is - All qualifications and none of the DQ
not considered a relative of the
relatives of the adopter. Where to file? RTC in the PH having
jurisdiction iver the child or with the Inter-
B. INTER COUNTRY - admin or judicial Country Adoption Board.
RA 8043
Socio-legal process of adopting a Family selection/Matching no child
Filipino child by a foreigner or a shall be matched to a foreign adoptive
Filipino citizen permanently family unless it is satisfactorily shown
residing abroad where the petition that the child cannot be adopted locally.
is filed, the supervised trial custody Clearance issued by the Board
Adoptive parents shall personally
fetch the child in the Phils.
when the need for support of the brother
or sister, being of age, is due to a cause
SUPPORT imputable to the claimant's fault or
Support compromises everything negligence.
indispensable for sustenance,
dwelling, clothing, medical Article 197. In case of legitimate
attendance, education and ascendants; descendants, whether
transportation, in keeping with the legitimate or illegitimate; and brothers
financial capacity of the family and sisters, whether legitimately or
education of the person entitled to be illegitimately related, only the separate
supported shall include his schooling property of the person obliged to give
or training for some profession, trade support shall be answerable provided that
or vocation, even beyond the age of in case the obligor has no separate
majority. property, the ACP/CPG, if financially
Transportation shall include expenses capable, shall advance the support,
in going to and from school, or to and which shall be deducted from the share of
from place of work the spouse obliged upon the liquidation of
the ACP/CPG.
as to source
a. legal support- set forth in the ORDER OF LIABILITY - whenever two
Family Code or more persons are obliged to give
b. judicial - court ordered support.
c. contractual 1. The spouse;
2. The descendants in the nearest
a. inter vivos demandable an degree;
enforceable during lifetime of payor 3. The ascendants in the nearest
and payee degree; and
b. mortis causa enforceable after 4. The brothers and sisters.
death of payor, and the lifetime of
legatee. created by will Note: divided pro rata. In proportion to
the resources of the payor. If one is an
RECIPROCALLY obliged to support adult and the other is a minor- younger is
each other preferred.
1. The spouses (example. from grandparents maternal
2. Legitimate ascendants and and paternal)
descendants;
3. Parents and their legitimate Parents-in-law no obligation to support
children and the legitimate and daughter-in-law. Husband first. As to
illegitimate children of the latter; the minor children - grandparents only
4. Parents and their illegitimate subsidiarily liable, should have
children and the legitimate and included the husband as defendant.
illegitimate children of the latter;
and unborn child entitled to support
5. Legitimate brothers and sisters, ICAO case
whether of full or half-blood,
legitimate or illegitimate HOW MUCH SUPPORT
a. amount agreed upon by the payor
Note: illegitimate- payee must prove that and the payee
the need for support was not due to his or b. amount fixed by the court (judicial-
her negligence court must determine the needs of
the payee and the resources of the
Article 196. Brothers and sisters not payor) in case of insufficiency or
legitimately related, whether of the full or imbalance a pro rata
half-blood, are likewise bound to support
each other to the full extent, except only
proportion to the resources or means when the recipient dies, his heirs shall not
of the giver and to the necessities of be obliged to return what he has received
the recipient in advance
Article 204. The person obliged to give Article 206. When, without the knowledge of
support shall have the option to fulfill the the person obliged to give support, it is given
obligation either by paying the allowance by a stranger, the latter shall have a right to
fixed, or by receiving and maintaining in the claim the same from the former, unless it
family dwelling the person who has a right to appears that he gave it without intention of
receive support. The latter alternative cannot being reimbursed.
be availed of in case there is a moral or legal
obstacle thereto Article 207. When the person obliged to
support another unjustly refuses or fails to
H ordered by court to pay a fix give support when urgently needed by the
amount. latter, any third person may furnish support to
H presented a list of amount given to the needy individual, with right of
children pending the case , demands that reimbursement from the person obliged to
they should be subtracted give support. This Article shall particularly
SC: cannot be subtracted: voluntarily apply when the father or mother of a child
paid under the age of majority unjustly refuses to
support or fails to give support to the child
HOW TO BE PAID when urgently needed.
a. cash allowance or Article 208. In case of contractual support or
b. keeping the payee within the that given by will, the excess in amount
household of payor beyond that required for legal support shall be
subject to levy on attachment or execution.
Note: if there is legal or moral deterrent
with the second. only the 1st Furthermore, contractual support shall be
subject to adjustment whenever modification
is necessary due to changes of circumstances
amount fixed for support - shall not be
manifestly beyond the contemplation of the
levied upon on attachment or parties.
execution
limited only to 3 months support. PARENTAL AUTHORITY
Excess subject to execution.
- sum total or universality of all
NOT exempt rights and obligations that parents
- contractual support, no legal exercise over their minor children
justification mere voluntary - delegated by the state to the
- not legally obliged to do so parents for the benefit of the minor
- entire amount subject to execution - includes both legal and physical
custody of the minor
Q: until when? lifetime right even if
already married. terminated upon death. Article 209. Pursuant to the natural right and
Subject to testamentary support duty of parents over the person and property
of their unemancipated children, parental
When to pay? Article 203. The authority and responsibility shall include the
obligation to give support shall be caring for and rearing them for civic
demandable from the time the person consciousness and efficiency and the
who has a right to receive the same development of their moral, mental and
needs it for maintenance, but it shall not physical character and well-being.
be paid except from the date of
Article 210. Parental authority and
judicial or extrajudicial demand.
responsibility may not be renounced or
Payment shall be made within the first 5 transferred except in the cases authorized by
days of each corresponding month or law.
WHO EXERCISES communicable disease,
1. minor legitimate children: both abandonment, immorality
H&W
in case of disagreement H&W both fil, H moved to US for
husbands decision will prevail work, wife had extramarital affair.
Daughter saw his mother kissing
- in case of death of one, surviving another man. petition for sole
parent will continue, custody : mother cannot even
- legal separation or annulment- exercise joint custody
exercised by the parent Gualberto vs Gualberto. h&w
appointed by the court, separate. children stayed with wife-
- if both died or declared unfit or wife having a lesbian relp, partner
absent- substitute parent may be stays with the family. SC: mother
appointed remains fit. lesbian relp without
any proof that the same has
2. minor illegitimate whether negatively impacted on the overall
acknowledge or not - mother devt of the minor child, will not
affect the power of the wife to
Article 212. In case of absence or death of exercise parental authority. there
either parent, the parent present shall must be a positive proof that the
continue exercising parental authority. The lesbian relp has a deleterious effect
remarriage of the surviving parent shall not to the child.)
affect the parental authority over the children,
unless the court appoints another person to
LEGAL EFFECT
be the guardian of the person or property of
1. on the person of the child- obligation
the children.
upon the parents to rear...
Article 213. In case of separation of the parents primary liable for acts or
parents, parental authority shall be exercised omission committed by minor
by the parent designated by the Court. The children causing damage or injury
Court shall take into account all relevant to another- children under
considerations, especially the choice of the supervision and in the company of
child over seven years of age, unless the the parent. includes children
parent chosen is unfit. below 21
primary responsibility on the
Article 214. In case of death, absence or
unsuitability of the parents, substitute parent even if the child has
parental authority shall be exercised by the property of his own
surviving grandparent. In case several
survive, the one designated by the court, gift: toy gun, shoot randomly
taking into account the same consideration pedestrian. one was shot suffered
mentioned in the preceding article, shall physical injuries. parents negligent in
exercise the authority. supervision. upon judgment against
the biological parent. child already
Dispute as to the custody adopted. Liability attach at the
guidelines must be observed: moment if injury not at the time of
finality of judgment.
a. Tender Age Presumption Rule -
no child below 7 years of age shall
13 year old girl broke up with bf. Bf
be separated from the mother (law
doesn't want to talk. She agreed to
deemed the mother to be more
meet him. Next day dead bodies inside
suitable to provide care, nurture)
the car. Forensic- girl died first. Gun
- overcome: prove that the mother is
belongs to the father of the boy.
unfit. unfitness stem from : insanity
- Action for damages against the
or the mother, habitual
parents of the boy. Defendants- its
drunkenness or drug addiction,
suffering from highly
not their son who killed ... not
proven. 1. The surviving grandparent
SC: what was proved is that the hun was 2. The oldest brother or sister, over
his, and not locked. negligence of the 21 years of age, unless unfit or
parents make them liable. disqualified
3. The child's actual custodian, over
minor children living with the parents, 21 years of age, unless unfit or
summer vacay stay with grand disqualified
parents. one of the children killed
another. if the child has property they must secure
- demand for the grand parents to judicial appointment as guardian
pay. action against the parents and
grandparents. Article 217. In case of foundlings,
SC: parents are subsidiarily liable. abandoned neglected or abused children and
Parents no control at that time. Thus, it is other children similarly situated, parental
the grand parents who are primarily authority shall be entrusted in summary
liable. judicial proceedings to heads of children's
homes, orphanages and similar institutions
2. as to the property if the child. duly accredited by the proper government
- mother and father: legal agency.
guardianship over the prop. can Article 218. The school, its administrators
manage and administer and teachers, or the individual, entity or
- more than 50k : parents are required institution engaged in child are shall have
to post a judicial bond. Petition for special parental authority and responsibility
approval of parental bond over the minor child while under their
- not less than 10% of the value of the supervision, instruction or custody.
property if the child. and must not be
paid out of the property of the child. Authority and responsibility shall apply to all
- if some other person exercises authorized activities whether inside or outside
authority- there must be a judicial the premises of the school, entity or
appointment as guardian. institution.
Article 219. Those given the authority and

Note: responsibility under the preceding Article shall
acts of dominion- cannot be be principally and solidarily liable for damages
exercised without judicial approval, caused by the acts or omissions of the
only if the sale or disposition is unemancipated minor. The parents, judicial
necessary for the support of the guardians or the persons exercising substitute
child. Proceeds or income shall be parental authority over said minor shall be
used only for the support of the subsidiarily liable.
child.
The respective liabilities of those referred to in
acts of administration- no need the preceding paragraph shall not apply if it is
proved that they exercised the proper
to obtain court approval such as
diligence required under the particular
contract of lease.
circumstances.
- if it earns income- capital must be
preserved- profits used for the parental authority
support - not include the power to inflict
- excess : parental usufruct may corporal punishment. Parents may
apply: parents can now enjoy or apply to the court for appropriate
utilized the excess for the disciplinary measure. may include
collective needs of the family confinement of the child in a
accredited child care institution (no
SUBSTITUTE PARENTAL AUTHORITY authority when in confinement)
- absence/disability/incapacity
- act of corporal punishment punished - judicial declaration of absence per
under - RA 7610 se terminates PA subject to
reappearance,
GROUNDS FOR - abandonment (declaration of
TERMINATION/SUSPENSION abandonment, same proceeding -
natural vs. judicial grounds declaration availability for
grounds for permanent or adoption)
temporary - appointment of a general guardian
over the child (person and prop)
1. NATURAL (permanent) - adoption
a. Upon the death of the - civil interdiction of the parent
parents (duration of penalty)
b. Upon the death of the child - sexual abuse or rape
c. Upon emancipation of the - parent gives the child corrupting
child. orders, compels the child to beg,
- emancipation: one who is 18 is acts of lasciviousness,
capacitated all acts of civil life, can maltreatment SUBJECT to criminal
give consent to contracts and liability that may be incurred.
marriage.
- 18,19,20- cannot perfect consent
to marriage
- for quasi delict liability, acts of Article 229. Unless subsequently revived
person below 21 . primary liability by a final judgment, parental authority
shall be born by the parents also terminates:
EMANCIPATION AND AGE OF a. Upon adoption of the child;

MAJORITY b. Upon appointment of a general
guardian;
- emancipation took place upon c. Upon judicial declaration of
reaching the age of majority. abandonment of the child in a case
Majority commences at the age of filed for the purpose;
21 years. d. Upon final judgment of a
- or by marriage of the child competent court divesting the
- by petition for emancipation for as party concerned of parental
long as the petitioner is at least 14 authority; or
years if age. (CC?) e. Upon judicial declaration of
absence or incapacity of the person
Emancipation also takes place: (FC) exercising parental authority
1. By the marriage of the
minor; or Article 230. Parental authority is
2. By the recording in the Civil suspended upon conviction of the parent
Register of an agreement in a or the person exercising the same of a
public instrument executed by the crime which carries with it the penalty of
parent exercising parental civil interdiction. The authority is
authority and the minor at least automatically reinstated upon service of
eighteen years of age. Such the penalty or upon pardon or amnesty of
emancipation shall be irrevocable. the offender.
Article 231. The court in an action filed
2. JUDICIAL for the purpose in a related case may also
suspend parental authority if the parent
Notes: or the person exercising the same:
- terminated by absence of the
parent
a. Treats the child with excessive interest in civic affairs, and inspire in
harshness or cruelty; them compliance with the duties of
b. Gives the child corrupting orders, citizenship;
counsel or example; 4. To furnish them with good and
c. Compels the child to beg; or wholesome educational materials,
supervise their activities, recreation and
d. Subjects the child or allows him to
association with others, protect them
be subjected to acts of
from bad company, and prevent them
lasciviousness. from acquiring habits detrimental to
The grounds enumerated above are deemed their health, studies and morals;
to include cases which have resulted from 5. To represent them in all matters
culpable negligence of the parent or the affecting their interests;
6. To demand from them respect and
person exercising parental authority.
obedience;
If the degree of seriousness so warrants, or 7. To impose discipline on them as may be
the welfare of the child so demands, the court required under the circumstances; and
shall deprive the guilty party of parental 8. To perform such other duties as are
authority or adopt such other measures as imposed by law upon parents and
may be proper under the circumstances. guardians.
The suspension or deprivation may be Article 221. Parents and other persons
revoked and the parental authority revived in exercising parental authority shall be civilly
a case filed for the purpose or in the same liable for the injuries and damages caused by
proceeding if the court finds that the cause the acts or omissions of their unemancipated
therefor has ceased and will not be repeated. children living in their company and under
their parental authority subject to the
Article 232. If the person exercising parental appropriate defenses provided by law.
authority has subjected the child or allowed
him to be subjected to sexual abuse, such Article 222. The courts may appoint a
person shall be permanently deprived by the guardian of the child's property or a guardian
court of such authority. ad litem when the best interests of the child
so requires.
Article 233. The person exercising substitute
parental authority shall have the same Article 223. The parents or, in their absence
authority over the person of the child as the or incapacity, the individual, entity or
parents. institution exercising parental authority, may
petition the proper court of the place where
In no case shall the school administrator, the child resides, for an order providing for
teacher of individual engaged in child care disciplinary measures over the child. The child
exercising special parental authority inflict shall be entitled to the assistance of counsel,
corporal punishment upon the child. either of his choice or appointed by the court,
and a summary hearing shall be conducted
Effect of Parental Authority
wherein the petitioner and the child shall be
Upon the Persons of the Children heard.
RIGHTS AND DUTIES: However, if in the same proceeding the court
1. To keep them in their company, to finds the petitioner at fault, irrespective of the
support, educate and instruct them by merits of the petition, or when the
right precept and good example, and to circumstances so warrant, the court may also
provide for their upbringing in keeping order the deprivation or suspension of
with their means; parental authority or adopt such other
2. To give them love and affection, advice measures as it may deem just and proper.
and counsel, companionship and Article 224. The measures referred to in the
understanding; preceding article may include the
3. To provide them with moral and spiritual commitment of the child for not more than 30
guidance, inculcate in them honesty, days in entities or institutions engaged in
integrity, self-discipline, self-reliance, child care or in children's homes duly
industry and thrift, stimulate their accredited by the proper government agency.
The parent exercising parental authority shall The right of the parents over the fruits and
not interfere with the care of the child income of the child's property shall be limited
whenever committed but shall provide for his primarily to the child's support and
support. Upon proper petition or at its own secondarily to the collective daily needs of the
instance, the court may terminate the family.
commitment of the child whenever just and
proper. Article 227. If the parents entrust the
management or administration of any of their
Effect of Parental Authority properties to an unemancipated child, the net
Upon the Property of the Children proceeds of such property shall belong to the
owner. The child shall be given a reasonable
Article 225. The father and the mother shall monthly allowance in an amount not less than
jointly exercise legal guardianship over the that which the owner would have paid if the
property of the unemancipated common child administrator were a stranger, unless the
without the necessity of a court appointment. owner, grants the entire proceeds to the child.
In case of disagreement, the father's decision In any case, the proceeds thus give in whole
shall prevail, unless there is a judicial order to or in part shall not be charged to the child's
the contrary. legitime.
Where the market value of the property or the
annual income of the child
FUNERALS:
exceeds P50,000 - the parent furnish - body of a person entitle to utmost
a bond in such amount as the court may respect
determine, but not less than 10% of the - someone who disrespect may be
value of the property or annual income, to held civilly liable
guarantee the performance of the
Duty and Right to MAKE
obligations prescribed for general
ARRANGEMENTS:
guardians.
1. surviving spouse
A verified petition for approval of the bond 2. nearest descendant - among them
shall be filed in the proper court of the place the oldest
where the child resides, or, if the child resides 3. nearest ascendant
in a foreign country, in the proper court of the
place where the property or any part thereof that stipulated by decedent prior
is situated. to death
if none - in keeping with the
The petition shall be docketed as a summary
special proceeding in which all incidents and
religious belief of decedent
issues regarding the performance of the
obligations referred to in the second Young woman kidnapped by older
paragraph of this Article shall be heard and man, woman forced to live with the
resolved. man. Siblings looked for her. Found out
that she was dead.
The ordinary rules on guardianship shall be - Man: making burial and funeral
merely suppletory except when the child is arrangements. Man refused to
under substitute parental authority, or the release the body if the woman -
guardian is a stranger, or a parent has cohabited
remarried, in which case the ordinary rules on
guardianship shall apply. SC: man not among those enumerated by
Article 226. The property of the law. common law relationship not
unemancipated child earned or acquired with recognized. Not the surviving spouse
his work or industry or by onerous or
gratuitous title shall belong to the child in H&W separated. W and children lived
ownership and shall be devoted exclusively to in US. no communications. H met GF
the latter's support and education, unless the with children 30 years cohabitation. Gf
title or transfer provides otherwise. took care of the man, spent
hospitalization. they decided how he
will be buried. Take necessary measures to safeguard
the rights and interest of the absentee,
- W1 and children: filed a petition to and shall specify the powers, obligations
exhume the body. and remunerations of his representative.
SC: granted exhumation. buried in Spouse present shall be preferred no

accordance to the wishes of the legal separation/ any competent person
legitimate family.
2. DECLARED
Disposal of Body Organs 2 years having elapsed without
any news about the absentee or
Authorities sustain the view that mortal since receipt of last news no
remains or organs of a persons body administrator
cannot be considered property within the 5 years in case the absentee left a
meaning of the law, thus they cannot be person in charge of the
the subject matter of a contract. administration of his property
HOWEVER, RA 349 as amended by RA Administrator may be appointed

1056, a person may validly grant to a - Spouse present
licensed physician, surgeon, known - ascendant or descendant
scientist, of any medical or scientific - third person
institution to detach at any time after the
grantors death any organ of his body for Note: merely manage and protect, if acts
medical, surgical or scientific purposes. of dominion there must be court approval
The grant must be:
a. In writing
b. Specify the grantee The following may ask for the
c. Specify the purpose declaration of absence:
d. Signed by the grantor and 2
disinterested witnesses 1. The spouse present;
Expenses of Funeral Where 2. The heirs instituted in a will,

Chargeable who may present an authentic
copy of the same;
Chargeable against the property of the
deceased. However, such shall be 3. The relatives who may
chargeable to the conjugal partnership succeed by the law of intestacy;
property, if the deceased is one of the
spouses. (Art. 310, NCC) 4. Those who may have over
the property of the absentee some
right subordinated to the condition
ABSENCE of his death.
- legal status or condition of a
person who disappeared from Article 388. The wife who is appointed
domicile, his whereabouts being as an administratrix of the husband's
unknown property cannot alienate or encumber the
husband's property, or that of the
conjugal partnership, without judicial
authority.
1. PROVISIONAL - within 6 months or 2
years. The administration shall cease in any
Judge may appoint a person to represent of the following cases:
the absentee at the instance of any
interested party, a relative or a friend.
1. When the absentee appears and his existence has not been
personally or by means of an agent; known for four years.
2. When the death of the absentee is GR: frowned upon- decision can never be
proved and his testate or intestate final.
heirs appear;
PURPOSE
3. When a third person appears, 1. Remarriage
showing by a proper document that 2. open succession
he has acquired the absentee's 3. terminate certain relations
property by purchase or other title. - petition for dissolution of
partnership.
In these cases the administrator shall - revoke an agency
cease in the performance of his office, - consolidate both naked title and
and the property shall be at the disposal owner, usufructuary is the
of those who may have a right thereto absentee
3. PRESUMPTIVE DEATH, founded on Article 392. If the absentee appears, or

prior absence without appearing his existence is proved, he
- ordinary absence shall recover his property in the condition in
which it may be found, and the price of any
- extraordinary absence
property that may have been alienated or the
property acquired therewith; but he cannot
ORDINARY ABSENCE claim either fruits or rents.
After an absence of 7 years, it being
unknown whether or not the absentee still Note: Whatever rights acquired mere
lives, he shall be presumed dead for all CONTINGENT right. Conditioned upon
purposes, except for those of reappearance
succession.
FC- terminate the subsequent
The absentee shall not be presumed dead marriage:
for the purpose of opening his succession a. affidavit of reappearance
till after an absence of 10 years. b. registered with the LCR
If he disappeared after the age of c. parties of the subsequent marriage
75 years, an absence of 5 years were notified of the reappearance,
shall be sufficient in order that his d. notice to the court which declared
succession may be opened. presumptive death

4 years for purposes of remarriage terminate contingent rights, other
purposes
EXTRAORDINARY ABSENCE: - no need registration of affidavit of
- 4 Years: for all purposes + reappearance
opening of succession
- 2 Years: remarriage properties acquired must be
returned. appearance is a
1. A person on board a vessel lost resolutory condition
during a sea voyage, or an
aeroplane which is missing, who if prop is disposed- liable for the value
has not been heard of for four as to fruits - not liable to account
years since the loss of the vessel or interest - not liable
aeroplane;
2. A person in the armed forces who 2005 Testator will - X 5M-land
has taken part in war, and has 2006 X disappeared
been missing for four years; 2016 T died
3. A person who has been in danger
of death under other circumstances
Q. can the representatives of X to claim
the land prove that at the time of opening 1. Her maiden first name and surname
of succession C was alive and add her husband's surname, or
How? witness that he was seen alive 2. Her maiden first name and her
husband's surname or
2006 X compulsory heir 3. Her husband's full name, but
2016 Decedent died prefixing a word indicating that she
Q: legitime? prove that X was alive on is his wife, such as "Mrs."
2016 4. Continue using her maiden name
Q: right or representation? Declare X

presumptively dead after 7 years not 10 Remo vs. Sec. of Foreign Affairs: when
years. a woman is married, she merely
changes her civil status and not her
USE OF NAMES AND SURNAMES identify; she can still use her name
Universal Declarations of rights of child - Case of Yasin: Mrs. Yasin petitioned the
right to identity, emphasized thru a name Sharia Court to allow her to use her
maiden surname.
describes identity of a person to
distinguish him from others. Right to SC: Petition is useless because the
identity includes the right to a name. marriage is terminated by
divorce/judgment, the woman is
Characteristics: immediately entitled to resume the use of
1. Absolute (to protect a person from her maiden surname without further act
being confused with another) or deed
2. Obligatory (no person can be
without a name) In case of ANNULMENT of marriage, and
3. Beyond the commerce of man the wife is the guilty party, she shall
(non-transferrable/inalienable inter resume her maiden name and surname. If
vivos or even mortis causa but she is the innocent spouse, she may
subject to trademarks or service resume her maiden name and surname.
marks) HOWEVER, she may choose to continue
4. Imprescriptible (same name even employing her former husband's
after death) surname, UNLESS:
5. Fixed - may only be changed as a 1. The court decrees otherwise, or
result of 2. She or the former husband is
a. legal consequences marriage, married again to another person.
legitimation/change of status; or (Art 371, NCC)
b. by judicial decree due to the ff.
grounds: When LEGAL SEPARATION has been
change of status of person granted, the wife shall continue using her
name is ridiculous, tainted name and surname employed before the
with dishonor, or extremely legal separation. (Art 372, NCC)
difficult to pronounce or
write A WIDOW may use the deceased
publicly known for a new husband's surname as though he were
name for a long period of still living, in accordance with article 370.
time. (Art 373, NCC)
sincere desire to adopt
Filipino name to remove all In case of death of spouse, married
badges of foreign origin woman may still use the husbands
surname with an appellation indicating
MARRIED WOMEN that she is a widow. Ex. Miriam Defensor
VDA de Santiago
VDA widow of - alias or pseudo name should be
registered with the LCR, for artistic,
Notes: professional or literary purposes.
- in case of ascendants or descendant
Jose velarde - not illegally using it, no
- older who may pass his name to intent to defraud or mislead; only used for
younger child, latter use "JR" , III, IV that txn.
- not mandatory- mere directory.
- no need to amend the birth cert of Article 376. No person can change his name
father to add SR. or surname without judicial authority.
- exactly the same name may be
passed to subsequent generation. Article 377. Usurpation of a name and
surname may be the subject of an action for
even the middle name of the father
damages and other relief.
may be used and not the maiden
surname of the mother. Article 378. The unauthorized or unlawful
- JR need not change the surname use of another person's surname gives a right
of action to the latter.
In case of identity of names and
surnames, the younger person shall be Article 379. The employment of pen names
obliged to use such additional name or or stage names is permitted, provided it is
surname as will avoid confusion. (Art 374, done in good faith and there is no injury to
NCC) third persons. Pen names and stage names
cannot be usurped.
In case of identity of names and
surnames between ascendants and CIVIL REGISTER
descendants, the word "Junior" can be - official repository of all record of
used only by a son (also to daughter, no acts, events and judicial decrees
prohibition). Grandsons and other direct concerning the civil status of
male descendants shall either: persons
1. Add a middle name or the mother's
surname, or Records or books
2. Add the Roman numerals II, III, and 1. Births (certificate of live birth)
so on. (Art 375, NCC) 2. Marriages
3. Deaths
4. legal separations
USURPATION OF NAME 5. annulments of marriage (also of
- civil and criminal liability, no need to divorce)
show damage 6. judgments declaring marriages
void from the beginning
Ursua vs. ca. prohibition against the 7. legitimation of a child
usurpation of name - born out of the 8. adoptions (including revocation)
experience Chinese business men 9. acknowledgments of natural
used diff name to evade obligation. children
messenger instructed the client to go 10. naturalization
to ombudsman using the name of 11. loss or recovery of
messenger. log book- prosecuted citizenship (including repatriation)
anew. 12. civil interdiction
13. judicial determination of
SC: should be acquitted. used the name filiation
only once, with the consent of the owner, 14. voluntary emancipation of a
no damage was caused, no confusion was minor (no longer applicable)
caused. 15. changes of name
Ejercito vs. Sandiganbayan kept by the LCR and who alone is

authorized to make entry, once
entered prima facie evidence of the certificate issued by a govt physician
correctness of the entry and the shown the true and correct sex. no
regularity correction pursuant to sex
reassignment.
no existing record may be changed, - citizenship nationality
altered, or deleted without authority. - place date of birth
- proven as clerical error.
KINDS OF AUTHORITY
1. judicial rule 103 & 108 petition, a. Local Registrar General
103 non adversarial and summary in b. Grounds: Clerical errors
character, impleaded the LCR or CR 1) Name or nickname is
general. ridiculous, tainted with
108 adversarial dishonor or extremely
difficult to write or
deletion of surname, date of marriage pronounce
of parents - fictitious. (mother and 2) New first name or
father was never married) nickname has been
habitually and continuously
dismissed - not adversarial, jurisdictional used by the petitioner and
and fatal flaw. treated as 108 petition. he has been publicly known
change of filiation. mere notice by by the first name or
publication is inadequate. parents must nickname in the community
be impleaded and notices must be given 3) Change will avoid
to the. confusion.
2. administrative authority from the CR

general
- clerical error law: affidavit sufficient
as petition filed with the LCR where
the disputed rec are kept
- name: obviously a clerical error,

obvious or plain to sight and
understanding. tainted with
dishonor, subjects to humiliation
and embarrassment; make the
register conform to what he is
publicly know "baby boy/girl"
Estrella D Alfon
baptized and registered under a diff
name. used the name of her grandmother
- famous. court allowed.
should still be published. no opposition

LCR will allow the correction and issue an
amended cert. CR general - PSA
- surname
- sex : prove that the entry was a
product if clerical error mistake on the
person who registered. medical

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CIVIL REVIEW 1.

- Maam: Punitive law cannot take effect

Ley specific or material concept of - Publication: laws of general application,

Article 2: Laws shall take effect after 15 - publication must be in FULL or

1. Circulation is made within courts - Applies only to ignorance of Philippine

(1) H & W1 - Birth determines civil personality

Ordinary Birth intra-uterine life of at ASPECTS OF CIVIL PERSONALITY.

Presumptive and Provisional civil PASSIVE: entitles one who is born to

Article 42. Civil personality is - 2 or more perish in the same calamity,

FAMILY CODE 2. Marriage as a Contract

* Illegitimate children no evidence that 2. Consent freely given in the presence

License: 120 days from date of issuance Mere irregularities:

SC: CMPL REAPPEARANCE

Valid until annulled WHEN:

d. Concealment of drug addiction, - Frigidity of the wife

Stipulation of facts there must be

4. CONNIVANCE THE EFFECTS OF LEGAL SEPARATION

Note: PROPERTY RELATIONS

DEFAULT MARRIAGE SETTLEMENT 3. Property acquired before the marriage

1. ABSOLUTE COMMUNITY OF Q: Is jewelry inherited during marriage

Property acquired by Installments Improvements (Article 120)

Donations from CPG/ ACP (Article (situation)

satisfied by the exclusive property,

A: injunction will prosper. Considered as (1) An inventory shall be prepared

Stipulate : present property In the absence of proof to the contrary,

Unions Without Marriage Article 148.

9. CSP- still prohibited from donating to

10. donated 1M to the unborn - qualify as

11. grandmother and grandchildren died

12. Born in Baguio, married to American,

17. donation propter nuptias - Donor H - Marriage is dissolved and property

Correlate with Foreign investments act

Article 159. The family home shall

SC: minor children in the FH at the time

Beneficiaries - dependent from the Article XV: The Family

United States H&W are living separately

child born or conceived during 3. authentic writing: admission of

PRIMARY EVIDENCE (Article 172) must contain express acknowledgment

Notes: (text message/email : digital signature)

Q: why mere secondary? Filiation is not 5. right to represent and be

if action is dismissed - no relationship 2 kinds

3. minor- under parental authority if proof is record of birth - must be

public policy: Legitimacy over Pedra G. Santos

2015: subsequent marriage is nullified- 2. Aliens

H&W petition jointly Involuntarily Committed

SC: petition should be dismissed. Notes:

(c) illegitimate child by a qualified COURT ORDER THE FF:

c. both of them are mutually and in case of severance of parental authority.

Article 219. Those given the authority and

EMANCIPATION AND AGE OF a. Upon adoption of the child;

SC: granted exhumation. buried in Spouse present shall be preferred no

HOWEVER, RA 349 as amended by RA Administrator may be appointed

Expenses of Funeral Where 2. The heirs instituted in a will,

3. PRESUMPTIVE DEATH, founded on Article 392. If the absentee appears, or

Q: right or representation? Declare X

Ejercito vs. Sandiganbayan kept by the LCR and who alone is

2. administrative authority from the CR

- name: obviously a clerical error,

should still be published. no opposition

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